RAKESH SAHU Vs. SMT.MAMTA SAHU

JUDGEMENT

(1.) The applicant has filed the petition under Sec. 482 of the Crimial P.C. for quashment of the orders dated 27.04.2015 and 27.11.2015 passed by the Judicial Magistrate First Class Bhopal in R.T. No. 12543/15 titled Smt. Mamta Sahu Vs. Rakesh Sahu.

(2.) The brief background facts of the case for adjudication of the petition are as follows:-

(3.) Having taken this court through the order dated 04.09.2014 passed in M.Cr.C. No. 519/08 and the judgment dated 22.07.2015 passed in Criminal Appeal No. 943/14, the learned counsel for the applicant submits that both the courts have not passed the Protection Order in terms of Sec. 18 of the Act against the applicant. Therefore, the application filed by the respondent under Sec. 31 of the Act is not maintainable and the learned JMFC has committed legal errors by registering the application vide order dated 27.04.2015 and directing vide order dated 27.11.2015 to secure the presence of the applicant in the case by means of bailable warrant of arrest. Thus, both the orders passed in R.T. No. 12543/15 are liable to be set aside by this court in exercise of powers under Sec. 482 Crimial P.C. He also submits that the applicant has already paid the maintenance to the respondent up to May, 2017. In support of this contention, he has drawn the attention of this court towards the statement of accounts prepared by him.