1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Writ Petition No. 483/2009 Sanjay Ramsingh Mohabe ..vs... Antakala Sanjay Mohabe & Ors. --------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------- Mr. Sanjay Rao, Advocate for petitioner. Mr. V. V. Waghmare, Advocate for respondent nos. 1 and 2. CORAM:- S. S. SHINDE, J. DATED :- 7 th NOVEMBER,2009 1. This writ petition is filed challenging order dated 27.07.2009 passed by Judicial Magistrate First Class, Corporation Court No. 2, Nagpur in Criminal Application No. 2160/2008. 2. It is not necessary to go into details of the facts since the only point which is canvassed by learned counsel for the petitioner is that though respondent no.3 is residing with the petitioner, the petitioner is directed to pay interim maintenance to respondent no.3. Therefore, the learned counsel would submit that when as respondent no.3 is residing with the petitioner there is no question of payment of interim maintenance as directed by Courts below. 2 Therefore, that part of order directing the petitioner to pay interim maintenance to respondent no.3 deserves to be quashed and set aside. 3. Learned counsel for respondent nos. 1 and 2 raised preliminary objection for maintainability of the writ petition relying upon reported judgment of Karnataka High Court in G. L. Jagdish ..vs.. Smt. Shamantha Kumari & Ors. AND N. Rajagopal ..vs.. Smt. Jayalakshmamma & anr.; V-1990 (2) CRIMES 24 and submitted that only the revision is maintainable and writ petition is not maintainable. 4. Learned counsel for respondent nos. 1 and 2 has fairly conceded that he has no grievance in case order of the Magistrate granting interim maintenance in favour of respondent no.3 is set aside. 5. After hearing learned counsel for the petitioner and respondents, I am of the considered view that since respondent no. 3 is residing with the petitioner and the same position has been conceded by learned counsel appearing for respondent nos. 1 and 2, part of order directing the petitioner to pay interim maintenance to the 3 respondent no. 3 is set aside. Rest of the judgment and order passed by learned Judicial Magistrate First Class, Corporation Court No. 2 is confirmed. The writ petition is partly allowed and disposed of accordingly. JUDGE kahale