WPMS 1022 of 2008 Hon’ble B.C. Kandpal, J. Heard Mr. Jitendra Chaudhary, learned counsel for the petitioner and perused the record. This petition under Article 227 of the Constitution of India, has been preferred to quash the order dated 17-5-2008 passed by District Judge, Dehradun, in Crl. Appeal No. 21/2008 and order dated 27-11-2007, passed by J.M.(CBI), Dehradun in Crl. Case No. 11630/2007. Perusal of record reveals that the Judicial Magistrate (CBI), Dehradun on the application of interim maintenance, directed the petitioner to pay a sum of Rs. 2,500/- per month towards maintenance and cost of litigation from the date of filing of petition and also directed to provide her a room, kitchen, and bath room. Petitioner preferred appeal before the District Judge, Dehradun on the ground that the petitioner was not given opportunity to place his case and the order was passed exparte. The appeal was allowed on the condition that the petitioner shall deposit Rs. 15,000/- within 15 days before the trial court and will present himself before the trial court so as to place his case and the trial court thereafter will pass suitable orders on the application within 30 days. The learned District Judge has concluded that after passing of the impugned order by the trial court, the petitioner neither paid any maintenance nor provided her room for her residence. The order passed by the court below does not require any interference, except the direction given to deposit a sum of Rs. 15,000/-. The impugned order is modified upto the extent that the petitioner instead of making payment of Rs. 15,000/- shall deposit a sum of Rs. 10,000/-. Thereafter, the matter shall be decided in accordance with the direction issued by the lower appellate court. With the aforesaid observation the petition is dismissed in limine. (B.C.K., J.) Dated: 24-6-2008 ISB