JUDGMENT : 1. Heard finally at the admission stage. 2. Respondent Nos. 2 to 8 are duly served. They have failed to appear before this Court despite service. 3. In this petition, the petitioner has challenged the correctness of the order dated 10.05.2019 passed by the learned Judicial Magistrate First Class, Court No.7, Nagpur whereby, the learned Magistrate disposed of Regular Criminal Case No.2507/2015. 4. It is submitted that learned Magistrate on the basis of the order passed by the Division Bench of this Court in Criminal Application (APL) No.653/2016 dated 18.01.2018 has disposed of criminal case. It is submitted that the order in Criminal Application (A.P.L.) No.653/2016 passed by the Division Bench of this Court dated 18.01.2018 pertain to crime No.1540/2016 registered on the report lodged by Darshana wife of respondent No.4. It is pointed out that crime registered on the report of the petitioner is bearing No.184/2015 dated 02.04.2015. It is submitted that respondent Nos. 2 to 8 did not apply before the High Court for quashing of the First Information Report No.184/2015 dated 02.04.2015. It is pointed out that the case filed on the basis of First Information Report No.1540/2016 was numbered as Regular Criminal Case No.4123/2016. It is pointed out that the case registered on the First Information Report No.184/2015 dated 02.04.2015 was Criminal Case No.2507/2015. It is submitted that two crimes are separate and distinct. It is submitted that learned Magistrate without application of mind, on the basis of the order of Division Bench pertaining to crime No.1540/2016 disposed of Regular Criminal Case No.2507/2015 registered on the report of the petitioner. 5. Learned APP for the State submits that learned Judge appears to have committed mistake in understanding the factual position. Learned APP pointed out that crime No.184/2015 dated 02.04.2015 and Regular Criminal Case No.2507/2015 was not quashed by the Division Bench of this Court. 6. I have gone through the record and proceedings. It is apparent that Regular Criminal Case No.4123/2016 was registered on separate and distinct First Information Report lodged by the wife of respondent No.4. The First Information Report/criminal case was quashed as per order of the Division Bench of this Court dated 18.01.2018 in Criminal Application No.653/2016. 7. In view of this factual position, it is evident that the learned Magistrate has committed patent illegality. The First Information Report/criminal case was quashed as per order of the Division Bench of this Court dated 18.01.2018 in Criminal Application No.653/2016. 7. In view of this factual position, it is evident that the learned Magistrate has committed patent illegality. Learned Magistrate, on the basis of the order passed pertaining to the Regular Criminal Case No.4123/2016, disposed of Regular Criminal Case No.2507/2015. 8. In view of this, the order deserves to be set aside. 9. Accordingly, I proceed to pass the following order:- (i) The petition is allowed. (ii) The order dated 10.05.2019 below Exh.1 passed learned Judicial Magistrate First Class, Court No.7 Nagpur is quashed and set aside. Regular Criminal Case No.2507/2015 is restored to file. (iii) It is made clear that the learned Magistrate shall verify the correct factual position and proceed further with the criminal case. (iv) If criminal case bearing RCC No.2507/2015 is not disposed of, then learned Magistrate shall proceed further with the case and dispose of the same in accordance with law.