174.25revn (1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 912 CRIMINAL REVISION APPLICATION NO. 174 OF 2025 RUPALI PRALHAD SAPKAL VERSUS PRALHAD DASHRATH SAPKAL AND OTHERS ….. Mr P. A. Pisal, Advocate for Applicant Mr V. P. Sawant, Advocate for Respondents ….. CORAM : SUSHIL M. GHODESWAR, J. DATE : 24th SEPTEMBER, 2026 P. C. : 1. The applicant is praying for quashing and setting aside the judgment and order dated 11/12/2024, passed by the learned Additional Sessions Judge, Majalgaon, Dist. Beed in Criminal Appeal No.02/2021. 2. The applicant is a wife of respondent No.1. She had preferred application bearing Criminal Misc. Application No.102/2019 under Sections 18 to 22 of the Protection of Women from Domestic Violence Act, 2005 (PWDVA) before the learned Judicial Magistrate First Class (JMFC), Wadwani, Dist. Beed. Learned JMFC, vide order dated 10/02/2020 partly allowed the said application and directed respondent to pay Rs.10,000/- towards maintenance to the applicant 2026:BHC-AUG:43664 174.25revn (2) including amount of Rs.2,000/- of house rent. In the said proceedings respondents had not appeared despite service, therefore, the said order came to be passed ex-parte against the respondent No.1/husband and others. 3. Respondents, therefore, preferred appeal before the learned Additional Sessions Judge, Majalgaon, Dist. Beed which came to be registered as Criminal Appeal No.02/2021. Learned Additional Sessions Judge, vide the impugned order dated 11/12/2024 allowed the appeal thereby remanding the matter for fresh trial, subject to payment of costs of Rs.10,000/- to applicant/wife. The impugned judgment and order dated 10/02/2020, passed by the learned JMFC in Criminal M. A. No.102/2019 came to be set aside. Being aggrieved by the said order, the applicant/wife has approached this Court by filing present revision application. 4. Mr Pisal, learned Advocate for the applicant submits that respondents, despite service of notice, had not appeared before the learned JMFC, Wadwani, and therefore, the order is passed by the learned JMFC, which is correct and proper and was not required to be disturbed by the learned Additional Sessions Judge. He, therefore, prays for allowing present revision application. 174.25revn (3) 5. Per contra, Mr Sawant, learned Advocate for respondents submits that the learned Additional Sessions Court, in order to afford opportunity to the respondent/husband and others allowed their appeal and the said order is correct and proper and is adhering to the principles of natural justice and therefore, requires to be maintained. He, therefore, prays for dismissal of the instant criminal revision application. 6. After hearing the learned Advocates for respective parties, I have perused the order passed by the learned JMFC as well as learned Additional Sessions Judge. In paragraph Nos.14 and 15 of the impugned order, the learned Additional Sessions Court observed that the opponents must be granted opportunity to file their reply and participate in the proceedings. On this ground, the learned Sessions Judge set aside the order dated 10/02/2020, passed by the learned JMFC and remanded the matter for a fresh trial. Since the order passed by the learned Additional Sessions Judge is correct and proper, it requires no interference by this Court. In that view of the matter, this criminal revision application deserves to be dismissed and the same stands dismissed accordingly. The matter is remanded back to the learned Trial Court for fresh hearing. Learned Trial Court is directed to decide the said matter within a period of six months. 174.25revn (4) 7. At this stage, learned Advocate for the applicant submits that the respondents have not paid the amount of cost of Rs.10,000/- to the applicant/wife as per order of the learned Additional Sessions Judge. Learned Advocate for the respondents undertakes to pay the amount of Rs.10,000/- towards costs to the applicant/wife within a period of one week. [SUSHIL M. GHODESWAR, J.] sjk