Atul Madhukar Adangale vs Mrs. Shubhangi Atul Adangale
2023 Latest Caselaw 8442 Bom

2023:BHC-AUG:17725
                                                                                966-appln-2913-2023.odt
                                                        (1)


                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         BENCH AT AURANGABAD

                                   CRIMINAL APPLICATION NO.2913 OF 2023
                                          IN REVNST/7984/2023

                                        ATUL MADHUKAR ADANGALE
                                                   VERSUS
                                     MRS. SHUBHANGI ATUL ADANGALE
                                                       ...
                              Advocate for Applicant : Mr. Chudiwal Niraj Pradeep
                                                       ...
                                                       CORAM : S.G. MEHARE, J.

DATED : AUGUST 19, 2023 PER COURT:-

1. The present petition has been preferred against the

exparte judgment of maintenance passed under Section 125 of the

Criminal Procedure Code. An alternate efficacious remedy is available

to the person against whom the proceeding has been proceeded

exparte under Section 126(2) proviso of the Criminal Procedure

Code. Therefore, leave has been granted to the applicant to withdraw

the application and prefer an application under Section 126(2)

proviso of the Criminal Procedure Code.

2. In view of the above, the applicant is allowed to take

back all certified copies of the impugned judgment and order and

relevant papers filed with this petition. Office to return those

documents to the counsel for the applicant.

3. In view of the above, the application stands disposed of.

(S.G. MEHARE, J.) Mujaheed//