IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.255 OF 2008 IN CRIMINAL WRIT PETITION NO.1477 OF 2008 Balaram Dharam Patil .. Applicant V/s. The State of Maharashtra & Ors. .. Respondents None for the Applicant. Mr.Suresh M.Kamble, for Respondent Nos.2 and 3. Ms.S.D.Shinde, A.P.P.for the State. CORAM : A.R.JOSHI, J. DATED : APRIL 3RD, 2009. P.C. None present for the Applicant. 2. It is the application filed asking for grant of time of eight weeks to deposit the arrears amount as per the order of this Court passed on 22nd July, 2008. 3. By the said order, then pending criminal Writ Petition 1 No.1477 of 2008 was disposed of as dismissed with no orders as to costs, and by the same order upon request of the Petitioner, time of four weeks are granted since the date of that order to clear the arrears of maintenance and it was further directed that till that period of four weeks no coersive action should be taken against the Petitioner on account of non payment of arrears of maintenance. Reportedly, till expiry of four weeks from the date of said order i.e. From 22nd July, 2008, such arrears was not paid and infact present criminal Application No.255 of 2008 came to be filed on 14th August, 2008. In the said Application itself, time was prayed to pay all the arrears within eight weeks i.e. till 15th October, 2008. It appears that on preferring the said Application, notices were directed to be issued against Respondent Nos. 2 and 3 i.e. the original Applicants in the proceeding under section 125 of Criminal Procedure Code. 4. Today, heard the learned Advocate Mr.Kamble for Respondent Nos. 2 and 3 and also heard Respondent No.1 Ms.Shinde for the State. In fact as per his own prayer, Applicant sought time for eight weeks from 14th August, 2008 to clear all the arrears, however, it appears to have been not done. Moreover, he is absent today. Under such circumstances, nothing survives in the present criminal Application and the same is accordingly disposed of as dismissed with following order : 2 :: O R D E R :: i. The Criminal Application stands dismissed. ii. Earlier protection given to the Applicant vide order dated 22nd July, 2008 is taken away. He be deal with according to law. (A.R. JOSHI, J.) 3