1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.395 OF 2009 Indrabai W/o Dnyanoba Jaibhay .... PETITIONER V E R S U The State of Maharashtra & another .... RESPONDENTS Shri. K.B.Jadhawar, Advocate for Petitioner. Shri. Deelip Bankar Patil, A.P.P. for State. [ CORAM : R.M.BORDE, J. ] DATE : 08/06/2009 ------------------------------------------ PER COURT : 1. Heard Shri. K.B.Jadhavar, counsel appearing for petitioner. The challenge raised is in respect of order of issuance of process by the learned Magistrate passed on 31/1/2005. The offence alleged is under Section 494 and 109 of Indian Penal Code. 2. The petitioner/original accused no. 3 is mother of accused 2 no. 1, who is alleged to havemarried second time. It is stated that the accused no. 4, father of accused no. 1, had approached the Court of Sessions by filing Criminal Revision Application No. 39 of 2005. However, the Criminal Revision presented by the said accused came to be dismissed by the revisional Court. The petitioner has remedy available for raising challenge to the order passed by the Magistrate of preferring Revision Application to the Court of Sessions. The order passed in Criminal Revision Application No. 39 of 2005 presented by original accused no. 4 is restricted to the challenge raised by concerned accused. The order passed in Criminal Revision Application No. 39 of 2005 will have no effect on the challenge that may be raised by the petitioner. The learned Sessions Judge would consider the revision application, if presented by the petitioner, on its own merit without being influenced by the order passed in Criminal Revision Application No. 39 of 2005. The petitioner states that she would prefer an appropriate revision application to the Court of Sessions raising challenge to the order passed by the Magistrate. In these circumstances, the instant Criminal Writ Petition need not to be entertained. The Criminal Writ Petition, therefore, stands rejected with liberty to the petitioner to approach the Court of Sessions. [ R.M.BORDE ] JUDGE knp/CRIWP395.09 3