B.Venkatesh Yadav vs B.Chandraiah
2023 Latest Caselaw 3885 Tel

       THE HONOURABLE SRI JUSTICE K.SURENDER

             CRIMINAL PETITION No.4058 OF 2018

O R D E R:

This Criminal Petition is filed under Section 482 of the

Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the son

(petitioner herein) to quash the maintenance claimed by the

father who is respondent No.1 herein in MC.No.23/2015 on the

file of Judicial Magistrate of First Class at Mahabubnagar.

2. Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the respondent - State.

3. According to the complaint, the father-respondent No.1

herein who is petitioner in the trial Court is a resident of

Mahabubnagar and the son who is the petitioner herein is an

employee working in Visakhapatnam. The father filed petition

under Section 125 of the Cr.P.C. in the Court at Mahabubnagar

seeking maintenance. The son/petitioner herein has filed

present application seeking quashing of the proceedings at

Mahabubnagar, on the ground that the Court at Mahabubnagar

has no jurisdiction.

4. The Honourable Supreme Court in Vijay Kumar Prasad

v. State of Bihar and other 1 held that parents have to initiate

proceedings where the person from whom the maintenance is

sought, resides.

5. Admittedly, the petitioner herein was working at

Visakhapatnam. The 1st respondent-petitioner in trial Court

ought to have moved application at Visakhapatnam.

6. In view of the aforesaid Judgment rendered by the

Honourable Supreme Court in Vijay Kumar Prasad's case, the

proceedings in MC.No. 23/2015 on the file of Judicial Magistrate

of First Class at Mahabubnagar, are hereby quashed. However,

the 1st respondent (petitioner in trial Court) is at liberty to move

appropriate jurisdictional Court, seeking maintenance.

7. Accordingly, the Criminal Petition is allowed.

Miscellaneous applications pending, if any, shall stand

closed.

_________________ K.SURENDER, J Date: 14.11.2023 tk

(2004) 5 Supreme Court Cases 196

THE HON'BLE SRI JUSTICE K.SURENDER

CRIMINAL PETITION No.4058 OF 2018

Dt. 14.11.2023

tk