Heard learned counsel for the applicant and learned A.G.A. for the State. None has put his appearance on behalf of the opposite party no. 2, despite being served.
The applicant, Noorie, by means of this application under Section 482 Cr.P.C. has challenged the order dated 31.07.2013 passed by the learned Special Judge (Ayurved Scam Matter) / Additional Sessions Judge, Lucknow, by which he has allowed the Criminal Appeal No. 85 of 2013 preferred by the opposite party no. 2, Bilal Ahmad, husband of the applicant against the order passed by the Additional Chief Judicial Magistrate-8th, Lucknow in Case No. 457 of 2011, under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (Smt. Noorie vs. Bilal Ahmad), by which he had rejected the application moved by the opposite party no. 2 before him with the prayer to recall the order dated 7.1.2012 passed by him on the interim relief application filed by the applicant under Section 23 of the act before him in the aforesaid case and has after setting aside the order of the Magistrate remitted the matter back to him for deciding the recall application moved by the opposite party no. 2 before him afresh after hearing the arguments of both the parties, according to law.
Since by the impugned order, none of the rights of the parties have been determined and the applicant will have full opportunity to raise all the grounds which have been taken by her in this application before the Magistrate, no interference with the impugned order is required.
At this stage, learned counsel for the applicant submitted that till date the opposite party no. 2 has not paid ever a single penny to the applicant towards the interim maintenance awarded by the Magistrate in her favour against the opposite party no. 2 by order dated 07.01.2012 and hence a direction be issued to the concerned Magistrate to ensure that before the recall application of the opposite party no. 2 is considered by him, the opposite party no. 2 deposits the entire arrears of interim maintenance payable by him to the applicant under the order dated 07.01.2012.
Needless to say that if any application is moved by the applicant before the concerned Magistrate under Section 31 of the act for execution of the order dated 07.01.2012, the same shall be dealt with by him in accordance with law.
Subject to aforesaid observation, this application stands dismissed.
Order Date :- 11.3.2014 Faridul