1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL WRIT PETITION NO. 870 OF 2009 Balaji Shaikshanik and Bahuddeshiya Vikas Sanstha Parola, through its Secretary and ors. ...Petitioners VERSUS Manohar s/o Ramrao Salunkehe & anr. ...Respondents ..... Shri S.B.Jadhav h/f Shri R.L.Kute, advocate for the petitioners Smt. S.T.Kazi, advocate for respondent no.1 Smt. B.R.Khekale, A.P.P. for respondent no.2. ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 5 th August, 2010 PER COURT : 1 Heard both the respective learned counsel for the parties. 2 By the present petition, filed by the petitioner under Article 226 of the Constitution of India, the petitioner prayed that the order dated 1.9.2009 passed by the learned Additional Sessions Judge, Amalner in Criminal Revision Application No. 32 of 2009, thereby confirming the order dated 4.8.2009, passed by the learned Judicial Magistrate, First Class, Parola in S.C.C. No. 393 of 2009 issuing process against the petitioners be quashed and set aside. 2 3 Admittedly, respondent no.1 herein filed the complaint before the learned Judicial Magistrate, First Class, Parola under Criminal Case No. 393 of 2009 due to non-compliance of the order, dated 21.3.2009, passed by the School Tribunal, Nasik. However, both the learned respective counsel for the parties pointed out that by order passed by this court in Writ Petition No. 5643 of 2009 on 14.7.2010, the said judgment and order dated 21.3.2009 passed by the School Tribunal in Appeal No. JAL/25/2005 has been quashed and set aside and the matter has been remanded back to the School Tribunal for deciding the case on its own merits in accordance with law, allowing the parties to place on record additional material which was available with the parties to substantiate their claims. 4 Hence, since the order dated 21.3.2009, passed by the School Tribunal, Nasik has been quashed and set aside as afore stated, nothing survives in the present petition, and therefore, same stands disposed of. (SHRIHARI P. DAVARE), JUDGE. dbm/crwp870.09