Court No. - 12
Case :- APPLICATION U/S 482 No. - 42387 of 2018 Applicant :- Meena Opposite Party :- State Of U.P. And 12 Others Counsel for Applicant :- Ashish Kumar,Animesh Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present application under section 482 Cr.P.C. has been filed for quashing the order dated 09.10.2018 passed by Judicial Magistrate, Bisauli, District Budaun in Complaint Case No.171 of 2013 (Meena Vs. Shakir alias Soni and others).
Learned counsel for the applicant submitted that due to mistake of her counsel, the main witnesses mother and father could not be examined and on the statement of counsel for the applicant, opportunity of evidence was closed under Section 244 Cr.P.C. When the applicant came to know about this fact, she moved an application dated 20.6.2017 before the court below for recalling the order dated 10.3.2017 as other witnesses who are the prime witnesses in the matter their statement could be recorded under Section 244 Cr.P.C.
I have perused the order, record and application. Learned Magistrate has rejected the application of applicant on the ground that earlier appropriate opportunity was given to the complainant under Section 244 Cr.P.C. and further request was made on behalf of the complainant on 10.3.2017 that no other witnesses are required to be examined under Section 244 Cr.P.C. He further stated in the order that even applicant has opportunity to produce the witnesses under Section 246 Cr.P.C.
I found no illegality in the order dated 09.10.2018 passed by Judicial Magistrate, Bisauli, District Budaun and he has rightly rejected the application for the reason that even still applicant has opportunity to produce the witnesses as provided under Section 246 Cr.P.C. and not only this, applicant may also move an application under Section 311 Cr.P.C. for producing the witnesses before this Court. Therefore, no interference is required.
With the aforesaid observations, the application is disposed of.
Order Date :- 29.11.2018 Junaid