IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5442 OF 2011 IN CR.APEAL/175/2010 VIJAY KISAN WAGHMARE VERSUS THE STATE OF MAHARASHTRA ... APP for Respondents: Shri V.D.Godbharale ... CORAM : S. B. DESHMUKH & A.M. THIPSAY, JJ. Dated: December 21, 2011 ... P.C. :- 1. Letter petition of the applicant has been registered as Criminal Application. 2. Learned APP points out that the grievance of the applicant was directed to be registered as Criminal Appeal No.175 of 2010. Said appeal has been decided by the Division Bench of this Court (Coram : P.V.Hardas and A.V.Potdar, JJ.) on 4.7.2011 and the appeal came to be dismissed confirming the conviction and sentence imposed upon the applicant by the learned trial Judge. 3. It appears that after disposal of the Criminal Appeal by this Court, present letter/communication has been addressed by the applicant to his Court. Shri Godbharale, learned APP points out from the prayers of this application that the applicant has prayed to treat it as Criminal Revision Application and to quash and set aside the judgment and order passed by the learned trial Judge in Sessions Case No.16 of 2007 dated 812.2009 so also the judgment and order of this Court, confirming the same, dated 4.7.2011 in Criminal Appeal No.175 of 2010. 4. Learned APP is justified in contending that the present proceeding is not maintainable. In other words, the order passed by the learned Division Bench in Criminal Appeal No.175 of 2010, obviously in an appeal under Section 374 of the Code of Criminal Procedure, cannot be questioned before another Division Bench of this Court. CRIMINAL APPLICATION NO. 5442 OF 2011 akl IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD (2) 5. In this view of the matter, present application is not maintainable. It stands dismissed. 6. Registry to communicate this order to the prisoner / applicant through jail authorities within two weeks from today. ( A.M. THIPSAY, J. ) ( S. B. DESHMUKH, J. ) ... akl