DEEPA GUPTA Vs. RAHUL GUPTA

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure, 1973 (For short, the Code) is preferred by the petitioner herein, Deepa Gupta for quashing the order dated 30/01/13 passed by IX Additional Sessions Judge, Gwalior in Criminal Appeal No.7/13 whereby set aside the order dated 05/12/12 passed in MJC No.17/12 by the Judicial Magistrate, First Class, Gwalior and remanded the matter back to it and also the order dated 07/03/13 passed by IX Additional Sessions Judge, Gwalior in MJC No.1/13 whereby an application filed by the petitioner herein for recalling the order dated 30/01/13 has been dismissed.

(2.) The relevant facts for adjudication of the matter are that Smt. Deepa Gupta instituted the proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (For short, the Act) against the respondents herein/nonapplicants. In the aforesaid proceedings, Smt.Deepa Gupta moved an application under Sections 23 read with 21 of the Act for interim custody of her son. The learned Magistrate vide order dated 05/12/12 after hearing both the parties by allowing the application ordered the respondents herein that the son, Adamya be given in temporary custody to Smt.Deepa Gupta. The relevant portion of the order reads as under:

(3.) Feeling aggrieved thereof, the respondents herein have preferred an appeal under Section 29 of the Act before the Sessions Judge. The Additional Sessions Judge vide its order dated 30/01/13 by setting aside the order dated 05/12/12 passed by the Judicial Magistrate, First Class, Gwalior remanded back the matter to decide it afresh after hearing the parties.