Abuse of section 410 of cr.p.c.

Sir / Mam

Wife filed complaint u./s. 12 of DV Act and ex-party order was passed by JMFC in wife’s favour  which was breached by the Husband and hence contempt application filed by wife u/s. 31 of DV Act

Husband  filed appln before H.C. u/s. 482 of Cr.P.C. to quash the appln filed by wife u./s. 12 of DV Act and ex-party order passed by JMFC in wife’s favour  

H.C. did not quash but adjourned the matter which is still pending

In the meanwhile, the Husband  Approached to Session Court and filed Appeal u/s. 29 of the DV Act but Session Court rejected stay application and appeal is pending

Now he approached to CJM u/s. 410 of Cr.PC. and CJM called  R & P of contempt application  u/s. 31 of DV Act filed by wife and adjourned the matter in last week of this month. Wife has not been issued any Notice by CJM

Now the diagnosis is as under :-

Husband was given bail by the Magistrate only till 2nd week of this Month

But R & P has been called by CJM and date is last week of this Month and Wife has not been issue notice for that

And hence,  Now the Magistrate can not take action till the time the R & P is with CJM

Question

1. After the stay application to stay the ex-party order has been rejected by Session Court whether CJM has power to interfere in the contempt matter which is arising out of breach of such ex-party order
2.  
3. The quashment of  the ex-party order is pending before H.C. then whether CJM has power to interfere in the contempt matter which is arising out of breach of the same ex-party order
4.  
5. Whether  CJM can call R & P without notice to other side

HARIOM