PUSHPLATA SAVITA (SMT.) Vs. MAHESH @ YOGENDRA

JUDGEMENT

(1.) The applicant has preferred this Criminal Revision assailing the order dated 11.04.2017 passed by IV Additional Sessions Judge, Gwalior in Criminal Appeal No. 600046/2016, whereby the Sessions Court allowing the appeal filed by the respondent remanded the case to the trial Court with a direction to decide afresh.

(2.) Briefly stated facts of the case are that the applicant had filed an application under section 12 of the Protection of Women From Domestic Violence Act (for brevity 'the Act') for getting maintenance form the respondent which was registered as MJC No. 16207/2009. This application was allowed by the Judicial Magistrate First Class, Gwalior on 12.10.2012 and respondent was directed to pay Rs. 2,000/- per month as maintenance to the applicant and also passed a protection order in favour of applicant but respondent failed to comply the said order passed by JMFC, Gwalior, hence, the applicant made a complaint against the respondent under Section 31 of the Act before JMFC, Gwalior which was registered as Criminal Case No. 7321/2014. After concluding the proceedings, the judgment was passed by the trial Court on 08.01.2016 and respondent was convicted for the offence punishable under Section 31 of the Act and was sentenced to 1 year's rigorous imprisonment with fine of Rs. 1,000/-, with default stipulation.

(3.) Feeling aggrieved by the order dated 08.01.2016, the respondent filed an appeal against the conviction and sentence passed by the Judicial Magistrate First Class, Gwalior before the Sessions Court which was registered as Criminal Appeal No. 600046/2016. After hearing both the parties, the appellate Court has allowed the appeal vide order dated 11.04.2017, set-aside the Judgment of trial Court dated 08.01.2016 and remanded the case back to the trial Court for fresh determination, which is the subject matter of challenge in the present revision petition.