1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7701 OF 2008 DIST.: NASIK Er. Karpurapu Vara Prasadarao ...Petitioner Versus The Judicial Magistrate First Class (MV), Nashik ...Respondent. The Petitioner-in-person present. CORAM: B ILAL NAZKI and J.H. BHATIA , JJ. DATE: NOVEMBER 26 , 2008 P.C.:- The petitioner claims that he filed a petition under Section 125 of the Criminal Procedure Code against his wife before a Magistrate's Court at Nashik. The Magistrate has passed the following order:- “In view of the order passed by Division Bench of Hon'ble High Court of Bombay in Writ Petition No. 93/2003 dated 04-04-03 circulated by letter of Registrar dated 9-5-03 the applicant is granted 3 weeks time from today to produce leave of Hon'ble High Court to present this application.” 2 The petitioner has not annexed the order of the High Court, but it appears that an order has been passed against the petitioner by the High Court. Therefore, the Magistrate could not entertain the petition. Even otherwise, we do not feel that an application under Section 125 was maintainable by the petitioner against his wife. We also feel that a petition could not have been filed against a Judicial Magistrate if the petitioner was aggrieved by an order; and he should not have made the Magistrate a party, but the person against whom he had moved before the Magistrate. 2. For these reasons, we feel that this is an attempt to abuse the process of law by the petitioner. The petition is accordingly dismissed. The petitioner shall pay costs of Rs.2,000/- (Rupees Two Thousand) to the Maharashtra State Legal Services Authority within two weeks from today. 3. The petitioner seeks leave to file an appeal before the Supreme Court. The request is rejected. BILAL NAZKI, J. J.H. BHATIA, J.