1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Criminal Application No.1789/2009 (Sukhdeo Sampat Shinde .vrs. Kamlabai Sukhdeo Shinde) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. P. Kshirsagar, Advocate for applicant. .......... CORAM : P.D. KODE, J. DATED : JULY 8, 2009 Heard. By the present petition under Section 482 of Code of Criminal Procedure, the applicant/husband has thrown challenge to order dated 7.2.2007 passed by learned JMFC, Court No.2, Buldhana awarding maintenance of Rs.500/- to respondent/wife and further order dated 31.1.2008 passed by learned Ad-hoc Additional Sessions Judge, Buldhana dismissing application in revision made by applicant challenging said order. The applicant has also prayed for quashing and setting aside said orders. At the hearing of petition, learned counsel for applicant has made statement that applicant has been paying maintenance as ordered by trial court to 2 respondent/wife. He has further urged that by now change having occurred in fact situation warranting modification/alteration of order of maintenance passed instead of pressing present application, applicant is seeking permission to withdraw present petition with liberty to approach lower court for making appropriate application seeking modification/alteration of order passed by learned JMFC. He has also prayed for directing the said court to decide such application preferred as expeditiously as possible in view of applicant being old age person. Having regard to age of applicant being said to be 65 years and order of maintenance being passed about 2½ years back, purpose behind making provisions of Section 127 of Code of Criminal Procedure, the permission as sought deserves to be granted for serving ends of justice with a clarification that in event of any such application is made before JMFC then said court will decide same on its own merit in accordance with law, as expeditiously as possible, having regard to ages of parties. Criminal Application stands disposed of as withdrawn. JUDGE Gulande