Court No. - 15
Case :- APPLICATION U/S 482 No. - 43000 of 2018 Applicant :- Smt Bhagwati @Bhago Opposite Party :- State Of Up And Another Counsel for Applicant :- Manish Dev,Kripa Shanker Yadav Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicants, and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed to quash the order dated 08.10.2018 passed by Ist Additional Sessions Judge, Moradabad whereby application of the applicant under Section 311 of Cr.P.C. was rejected.
Learned counsel for the applicant contended that applicant has submitted application on the ground that PW1 Dharmendra Kumar was not cross-examined by the learned counsel for the applicant. He further contended that on point of demand of dowry, PW1 Dharmendra Kumar has not been examined by learned counsel for applicant.
From perusal of material brought on record, it reveals that PW1 Dharmendra Kumar has been cross-examined by learned counsel for applicant. It cannot be said that some other person in place of learned counsel for the applicant has cross-examined PW1 Dharmendra Kumar.
Accordingly, I find no illegality in the impugned order passed by the trial court.
However, if applicant files application with specific question to cross-examine PW1 Dharmendra Kumar on point of demand of dowry then that application shall be decided by the trial court by speaking order within 30 days from the date of presentation of such application.
With the above observation, this application u/s 482 Cr.P.C. is disposed of.
Order Date :- 29.11.2018 VG..