Crl.Petition No.1772 of 2023
1
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.1772 OF 2023
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners to declare the inaction of learned II Junior Civil Judge cum II Additional Metropolitan Magistrate, Medchal-Malkajgiri District at Malkajgiri, in non-numbering/non-disposal and pending scrutiny of petition filed by the petitioners under Section 51 of C.P.C. vide Crl.M.P.S.R.No.7500 of 2022 is in violation of directions of Hon'ble Supreme Court in Rajnesh vs. Neha and consequently, direct the learned II Junior Civil Judge cum II Additional Metropolitan Magistrate, Medchal-Malkajgiri District at Malkajgiri, to dispose of the pending scrutiny Crl.M.P.S.R.No.7500 of 2022, in accordance with para Nos.125 and 132 of Hon'ble Apex Court judgment in Rajnesh vs. Neha reported in (2021) 2 SCC 324.
2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent No.1 - State.
3. The learned II Junior Civil Judge cum II Additional Metropolitan Magistrate, Medchal-Malkajgiri District at Malkajgiri, has Crl.Petition No.1772 of 2023 2 passed orders in Crl.M.P.No.298 of 2019 on 06.07.2022 directing the husband - respondent to pay monthly maintenance of Rs.50,000/- to the petitioners, but the respondent - husband failed to pay the maintenance, for which reason, an application under Section 51 of C.P.C. seeking enforcement of maintenance was filed by the petitioners and the same was numbered as Crl.M.P.S.R.No.7500 of 2022 on 07.12.2022 and kept pending.
4. Learned counsel for the petitioners would submit that the said application is neither returned nor entertained by the learned Magistrate.
5. In the event of such application being made, the concerned court shall adjudicate upon the said application or return the said application to the petitioners for the reasons to be mentioned. However, applications made by the parties cannot be kept pending without giving an opportunity of hearing.
6. For the said reasons, the II Junior Civil Judge cum II Additional Metropolitan Magistrate, Medchal-Malkajgiri District at Malkajgiri, is directed to dispose of the Crl.M.P.S.R.No.7500 of 2022, within a period of two (02) weeks from the date of this order.
Crl.Petition No.1772 of 2023 3
7. Accordingly, the Criminal Petition is disposed of.
As a sequel thereto, miscellaneous applications, if any pending, shall stand closed.
_____________ K.SURENDER, J Date: 21.02.2023 rev Note: Issue C.C. by 22.02.2023.
B/o.
rev