{1} CWP No.112/2011 drp IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.112 OF 2011 Bhagwan s/o Shivaji Devkar & others PETITIONERS VERSUS The State of Maharashtra & Another RESPONDENTS ....... Mr.R.R.Imale, Advocate for the petitioners Mr.S.D.Kaldate, APP for respondent State None for respondent No.2, though served. ....... [CORAM : A.V.POTDAR, J.] DATE: 5 th September 2011 PER COURT: 1. By the present petition, the petitioners-original accused in RCC No.489/2009 pending on the file of JMFC, Mantha, have prayed to quash and set aside the order dated 11.01.2011 passed by Extra Joint Ad Hoc Additional Sessions Judge, Jalna below Exhibit-4 in Criminal Revision Petition No. 1/2011. {2} CWP No.112/2011 2. Heard learned counsel for the respective parties. None appears for Respondent No.2 though duly served. 3. It appears that respondent No.2 has married with petitioner No.4 and had filed a complaint against the petitioners for an offence punishable u/s 498A, 323, 504 r/w 34 of the Indian Penal Code. It further appears that the petitioners had filed an application for discharge before the trial court, however the same was turned down. Thereafter the said order was challenged in Criminal Revision No.52/2007, which also came to be dismissed. It further appears that the said order dated 26.09.2007, was challenged by the petitioners by way of filing Criminal Writ Petition No.624/2007 before this Court, which came to be disposed of on 10.03.2008 keeping the point of limitation open to be considered at the time of discharge. It also appears that on 14.12.2010, again an application was moved by the petitioners seeking their discharge before the trial court, which came to be rejected, which was challenged by the petitioners in Revision No.1/2011 before the Revisional Court. In the said Revision application No.1/2011, the petitioners had also moved an application (Exhibit-4) for stay to the {3} CWP No.112/2011 order passed by the trial court. The application (Exhibit-4) came to be rejected vide order dated 11.01.2011, which is impugned in the present petition. 4. It appears that vide order dated 16.03.2011, stay is granted to the order passed below Exhibit-4. 5. Perusal of the record shows that this writ petition is filed against rejection of interim application for stay in the Criminal Revision Application. Passing of any order would amount to final disposal of the revision, which is pending in the Revisional Court which is not permissible in law. In my opinion, it would be appropriate to allow the petitioners to withdraw the present petition with direction to the Revisional Court to dispose of the revision within a stipulated time. 6. Consequently, the writ petition is dismissed as withdrawn. Additional Sessions Judge, Jalna is however, directed to dispose of the Criminal Revision Application No.1/2011 within a period of 6 months from the date of receipt of this order. There {4} CWP No.112/2011 shall be stay to the proceedings of RCC No.489/2008 pending on the file of JMFC, Mantha, till the disposal of the Criminal Revision Application No.1/2011. The petition is dismissed as indicated above. Parties to act on the authenticated copy of this order. [A.V.POTDAR, J.] drp/B11/cwp112-11