D. G. DESHPANDE, J.

( 1 ) HEARD advocates for the petitioner and respondent No. 1. Petitioner is the husband and respondent No. 1 is the wife. A case was instituted against the petitioner under section 498-A of the Indian Penal code. He came to be convicted by the trial Court. The matter went in appeal. Before the appellate Court, the matter was settled between the parties. The petitioner and respondent No. 1 obtained divorce by mutual consent. Respondent no. 1 agreed not to press for the petitioner's conviction. The appellate Court maintained the conviction of the petitioner and gave him benefit of provisions of probation of Offenders' Act.

( 2 ) FIRSTLY the petitioner has filed Criminal Revision Application No. 255 of 2004 against the order of the Sessions Judge because no appeal was maintainable. When this Revision Application came up before learned Single judge, Justice Khanwilkar passed an order referring the Revision Application to a larger Bench.

( 3 ) THEREAFTER, apprehending that the judges deciding the reference, may raise an objection that there is no application under section 482. Therefore, the petitioner filed an application being Criminal Application No. 4079 of 2

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