Court No. - 66
Case :- APPLICATION U/S 482 No. - 45987 of 2019 Applicant :- Maan Singh Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Nanhe Lal Tripathi, learned counsel for the applicants and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing order dated 30.11.2019 passed by learned Family Court/F.T.C.-II, Kaushambi in Case No.18 of 2018 (Savita Devi Versus Maan Singh) under Section 125 Cr.P.C., Police Station Saray Akil, District Kaushambi and direct the court below to re- summon PW 1 for cross-examination.
Submission of learned counsel for the applicant is that an application under Section 311 Cr.P.C. was moved for recalling PW 1, opposite party no.2 as certain important questions cannot be put to her in cross-examination and without that the applicant shall suffer irreparable loss and injury.
Per contra, learned A.G.A. has submitted that the proceeding under Section 125 Cr.P.C. was instituted in the year 2018. After the evidence was recorded, the matter was fixed for arguments on 24.07.2019.
Having heard learned counsel for the parties and perused the material on record, I may record that as the matter is fixed for 20.12.2019 for arguments,thus the application under Section 311 Cr.P.C. cannot be allowed in a routine manner and the power under Section 311 Cr.P.C. is to be exercised with caution and sparingly. The learned counsel for the applicant also could not point out as to what necessary questions could not be put to opposite party no.2.
In view of aforesaid, I do not find any illegality or irregularity in the order impugned.
The application under Section 482 Cr.P.C. is bereft of merit and it is, accordingly, dismissed. However, the court below is directed to take endeavour to decide the proceedings under Section 125Cr.P.C. within two months from the date of receipt of a copy of this order.
The office is directed to communicate copy of this order to the court concerned within a week for ensuring its necessary compliance.
Order Date :- 18.12.2019 MN/-