SANTOSH GOVARDHAN BILAWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent of the parties heard finally at the stage of admission.

(2.) This petition is directed against the judgment and order dated 16.11.2010 passed by Additional Sessions Judge, Aurangabad in Criminal Revision Application No.200/2010.

(3.) Few facts, which are not disputed and are matter of record, may briefly be stated thus- Respondent No.2 is the wife of petitioner No.1. Respondent No.2 had filed Criminal Miscellaneous Application No.133/2010 before JMFC, Gangapur u/s 97 of the Criminal Procedure Code. On 22.04.2010, learned JMFC had directed the petitioners to produce minor Vishal, son of petitioner No.1 and respondent No.2, before the Court on 30.04.2011. On 30.04.2011, when the petitioners produced the minor before the JMFC, Gangapur, learned JMFC handed over custody of the child to respondent No. 2. Accordingly, the petitioners obeyed the order. However, being aggrieved by the said judgment, the petitioner preferred Criminal Revision Application No.124/2010 before Sessions Judge, Aurangabad. Vide judgment and order dated 21.06.2010, Sessions Judge allowed the Criminal Revision No.124/2010 and directed respondent No.2 to hand over the custody of the minor to the petitioners. It appears that Respondent No.2 did not obey this order. It further appears that therefore, the petitioners preferred Miscellaneous Application No.209/2010 before JMFC, Gangapur seeking implementation of the order passed by Additional Sessions Judge in Criminal Revision No.124/2010. It appears that Criminal Miscellaneous Application No.209/2010 came to be allowed by the JMFC, Gangapur vide order dated 06.07.2010. Again the said order dated 06.07.2010 came to be challenged in Criminal Revision No. 200/2010 before Sessions Judge, Aurangabad. The Criminal Revision No.200/2010 came to be assigned to the Sessions Judge Aurangabad who had decided Criminal Revision No.124/2010. However, surprisingly, Additional Sessions Judge, rejected the Criminal Revision Application No.200/2010 on 16.11.2010 hence the petitioners are before this Court.