S.B. Criminal Revision Petition No.19/2009 Smt. Anita Sharma Vs. State of Raj. And Anr. Dated : 26.05.2010 HON'BLE MR. MAHESH BHAGWATI,J. Mr. Pankaj Sharma, for the petitioner. Mr. GS Rathore, PP for the State. Mr. Manoj Avasthi for respondent No.2. *** Challenge in this criminal revision petition is to the order dated 24th October, 2008, whereby the Special Judge, Woman Atrocity & Dowry Cases, Jaipur city, Jaipur set aside the order dated 9th April, 2008 passed by the learned trial Court and directed him to pass an order afresh after affording an opportunity of being heard to both the parties. Heard learned counsel for the parties. Having reflected over the submissions made at the bar and carefully perused the impugned orders, it is noticed that the order of the trial Court was set aside on the ground that there was no material on record on the basis of which the ex-parte order under Section 23 of the Protection of Women from Domestic Violence Act, 2005 has been passed. In view of that situation, the order dated 9th April, 2008 passed by the learned trial Court was set aside. Keeping in view the principal of nature justice, the -2- appellate Court directed the learned trial Court to pass order afresh on the basis of material available on record, after affording an opportunity of being heard to both the parties. I do not find any illegallity or infirmity in the impugned order. The same is found to be just and proper, which at this stage warrants no intervention. The instant revision petition being bereft of any merit, deserves to be dismissed, which stands dismissed accordingly. (MAHESH BHAGWATI)J. Pcg