Court No. - 76
Case :- APPLICATION U/S 482 No. - 7628 of 2019 Applicant :- Dheerendra Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- In Person Counsel for Opposite Party :- G.A.,Ashish Srivastava,Atul Srivastava Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Dheerendra Kumar (in person), Mr. Ashish Srivastava, learned counsel for the opposite party no.2 and learned A.G.A. for the State and perused the record with the assistance of leaned counsel for the parties.
This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the order dated 02.02.2019 passed by Additional District Judge/F.T.C.52, Kanpur Nagar as well as stay the further proceeding of Case No. 455 of 2014 (Smt. Sunita Dwivedi vs. Dheerendra Kumar Dwivedi), under Section 125 Cr.P.C., Police Station-Chakeri, District-Kanpur Nagar, pending in the court of Additional Family Court No. 4, Kanpur Nagar. District-Basti to register and investigate the case against the applicant.
In the proceeding under Section 125 Cr.P.C., the applicant wanted to cross examination the opposite party no.2 (wife) asking her particular question as to whether she belongs to elite family or not. The concerned court below has not permitted the applicant to put such question in the proceeding under Section 125 Cr.P.C.
Learned A.G.A. as well as learned counsel for the opposite party no.2 submitted that there is no illegality in the impugned order dated 02.02.2019 passed by the concerned court below wherein the application of the applicant has been rejected.
From perusal of the application of the applicant dated 02.02.2019 and impugned order dated 02.02.2019 as well as material available on record prima-facie, the concerned court below has not committed any illegality in rejecting the application of the applicant. There is no illegality in the impugned order dated 02.02.2019 passed by the concerned court below.
In my opinion, no interference is required at this stage. Application is liable to be dismissed.
Order Date :- 27.11.2019 JK Yadav