Poonam W/O Yogesh Desale And ANR v. The State Of Maharashtra And Others

906- Cri. W. P. No. 567-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.567 OF 2021 POONAM W/O YOGESH DESALE AND ANR ..PETITIONERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS ...

Advocate for Petitioners : Mr. N.E. Deshmukh APP for Respondents: Mr. S. P. Sonpawale ...

CORAM : N.R. BORKAR, J.

DATE : 13.10.2021 PER COURT :- This petition takes an exception to the order dated 19.01.2021 passed by the learned Sessions Judge in Criminal Miscellaneous Application No. 97 of 2019.

2.

The petitioner has fled an application under the provisions of the Protection of Women From Domestic Violence Act, 2005 for various reliefs. The learned Judicial Magistrate, First Class, Parola before whom the said proceedings are pending, rejected the interim maintenance application fled by the petitioner. The petitioner after rejection of her interim maintenance application fled

906- Cri. W. P. No. 567-2021.odt Criminal Misc. Application No. 97 of 2019 under Section 408 of the Code of Criminal Procedure before the learned Sessions Judge, Jalgaon for transfer of the proceedings fled by her to any other Court on the ground that she lost faith in the court concerned due to rejection of her interim maintenance application. The learned Sessions Judge, Jalgaon rejected the said application by the order impugned.

3.

I have heard the learned counsel for the petitioner and learned APP for the State.

4.

It appears that the petitioner has already fled appeal against the order of learned Magistrate refusing to grant her interim maintenance. The apprehension of the petitioner that she would not get justice from the Court concerned, just because of rejection of her interim maintenance application can not be said to be valid apprehension. No interference is thus called for in the order impugned. In the result, Petition is dismissed. ( N. R. BORKAR ) JUDGE ysk