1 Criminal W.P.No.1114 of 2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.1114 OF 2010 Harinand S/o.Devrao Chaure, Age-36 years, Occu-Labour, R/o.Ieet, Tq. And Dist. Beed PETITIONER VERSUS 1. Sudamati W/o.Harinand Chaure, Age-26 years, Occu-Household, R/o.Ieet, Tq. And Dist. Beed, R/o.Manjarsumba, Tq. And Dist. Beed 2. Mohini D/o.Harinand Chaure, Age-4 years (minor), Under Guardian of her real mother respondent no.1. 3. State of Maharashtra RESPONDENTS Smt.Vaishali Deshmukh h/f. Mr.V.D.Salunkhe, learned counsel for the petitioner. Ms.Y.M.Kshirsagar, learned A.P.P. for respondent State (CORAM : A.V.POTDAR, J.) DATE : 25/08/2011 ORAL JUDGMENT : 1. By this writ petition under Article 227 of the Constitution of India, the petitioner husband as approached this Court for the relief in terms of prayer clause ‘B’, which read as follows : 2 Criminal W.P.No.1114 of 2010 “To issue writ of certiorari or any other appropriate writ order or directions in the like nature the order passed by the District Judge Beed regarding to deposit amount of Rs.21,600/- and 600/- per month may kindly be quashed and set aside and application for condonation of delay bearing Misc.Cri.Appl.No.42 of 2009 may kindly be allowed.” 2. When the criminal writ petition came up for admission, at that time, interim order was passed directing the petitioner to deposit Rs. 12,000/- before the Lower Court, within the period of 2 weeks and to deposit Rs.500/- per month before the Lower Court regularly. Deposit of amount before the Lowe court was a condition precedent to grant the stay. We are informed that the directions given by this Court by its order dated 12/04/2011 are complied with and the photo copies of the receipts about the payments of deposit are produced alongwith the original. Original receipt is returned by keeping the photo copy on record and marked ‘X’ for identification. Inspite of notice on respondent no.1 and 2, they remained absent. Office note shows that the notices were served on these respondents way back in the month of June 2011. 3. Rule. Rule made returnable forthwith. Heard finally at the stage of admission. Subject matter of the writ petition is the order passed on the application of condonation of delay, filed by the petitioner herein before the Lower Court in which while allowing the application for condonation of delay bearing Misc.Cri.Appl.No. 42/2009, following condition were imposed on the petitioner. 3 Criminal W.P.No.1114 of 2010 A) Revision petitioner/husband to deposit the sum of Rs. 21,600/- (Rupees twenty one thousand six hundred) before the Lower Court on or before 22/11/2010. B) Revision petitioner/husband shall continue to deposit in the Lower Court the sum of Rs.600/- (Rupees Six hundred) per month commencing from 22/12/2010 and successively every month thereafter till the disposal of the Criminal Revision. I feel that as per the order of this Court, petitioner have deposited Rs. 12,000/- in the Lower Court and also shown willingness to deposit Rs.500/- per month till further orders of this Court. With this I allow the writ petition in terms of prayer clause ‘B’ by setting aside the order passed by the learned District Judge, Beed. Writ Petition is allowed and stands disposed of. As the directions given by this Court are complied by the petitioner, it is to be treated that this is compliance of the directions passed while allowing the application for condonation of delay. Learned Sessions Judge, Beed now to register the revision application filed by the petitioner and to dispose it of in accordance with Law. 3. Rule thus made absolute as indicated above. Writ petition stands disposed of accordingly. (A.V.POTDAR, J.) khs/AUG.2011/cri-w-p-1114-10