( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 585 OF 2009 Shri Rajendra s/o. Tukaram Ahirrao .. Petitioner Age. 38 years, Occ. Labourer, R/o. 9, Shanti Niketan Society, Mahatma Nagar, Nashik. Versus 1. Sau. Jayashree Rajendra Ahirrao .. Respondents Alias Jayashree Pramod Patil, Age. 28 years, Occ. Service 2. Kum. Aditya Rajendra Ahirrao, Age. 5 years, Occ. Education, Both r/o. Mohadi, Tal. & Dist. Dhule. Smt. S.D. Tambat-Dhumal, Advocate for the petitioner. Shri Mahesh Patil, Advocate for respondent Nos. 1 and 2. CORAM : P.R. BORKAR,J. DATED : 04.12.2009 P.C. :- 1. Rule. Rule returnable forthwith. With consent of learned advocate for the parties, this petition is heard finally at the stage of admission. 2. This is a writ petition filed by the original ( 2 ) opponent in Criminal Misc. Application No. 28 of 2006 filed by the present respondents for maintenance under Section 125 of Cr.P.C. The application of the petitioner dated 01.07.2009 for issuance of witness summons to the Head Master, Holy Child English Medium School, Chalisgaon, Chouphuli, Dhule, was rejected, on the ground that the opponent knew about the service of the applicant and he could have obtained concerned document and application rejected as present petitioner was prolonging the matter. 3. Heard Adv. Smt. S.D. Tambat-Dhumal for the petitioner and Adv. Shri Mahesh Patil for respondent Nos. 1 and 2. 4. It is pointed out to me that in the written statement in para “E”, there is clear averment regarding present respondent No.1 being in the employment of school. It is stated before me that the application for witness summons was issued after cross-examination of the petitioner was over. In-fact, that was right stage. Merely, because no document was obtained privately by the petitioner is no reason to reject the application. ( 3 ) 5. In this view of the matter, this writ petition is allowed. The order passed by the learned Magistrate dated 01.07.2009 on application for issuance of witness summons is hereby set aside. Said application is allowed. Inform this order to the Trial Court. The petitioner shall pay costs of Rs. 2000/- (Rupees Two Thousand Only) as costs of this petition to the respondent within a period of 15 days. The petitioner is also to immediately deposit witness Bhatta in the Trial Court and the Court shall issue witness summons and dispose of the matter as early as possible. 6. Rule made absolute. The petition stands disposed of accordingly. [P.R. BORKAR,J.] snk/2009/DEC09/crwp585.09