1 Cri.Application No.2325 of 2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2325 OF 2009 Shaikh Rasheed s/o Dadamiyan ..APPLICANT VERSUS Sameena Begum w/o Sk. Rasheed & ors. ..RESPONDENTS Mr Qazi Syed Mateenuddin, Advocate for the applicant CORAM : P.V. HARDAS, J. DATE : 10th December, 2010 PER COURT : This application under section 482 of the Code of Criminal Procedure has been filed by the present applicant challenging the order passed by the Judicial Magistrate, Bhokardan, dated 29.8.2006, in Misc. Application No.93/2006 awarding maintenance to respondent no.1 and her minor child at Rs.500/- per month to each. The applicant, instead of filing Criminal Revision Application before the Sessions Court, has directly filed an application under section 482 of the Code of Criminal Procedure in this Court. The aforesaid application, therefore, would not be maintainable in the light of existence of a remedy of filing revision. 2 Cri.Application No.2325 of 2009 2. Learned Counsel for the applicant states that the applicant may be permitted to delete respondents no.2 & 3. Respondents no.2 & 3 were not parties in the proceedings before the Magistrate. Leave, therefore, granted to delete respondents no.2 & 3. Learned Counsel for the applicant further states on instructions that the applicant may be permitted to withdraw this application with liberty to file a Criminal Revision Application before the Sessions Court of competent jurisdiction. This Criminal Application is accordingly dismissed as withdrawn with the liberty as prayed for. The Sessions Court may consider the question of limitation, particularly the period spent by the applicant in prosecuting the present application from 8.7.2009 till today. Application is accordingly dismissed as withdrawn with the liberty as stated above. ( P.V. HARDAS, J.) amj/criap2325.09