Court No. - 72
Case :- APPLICATION U/S 482 No. - 31701 of 2019 Applicant :- Monendra Singh And 4 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Birendra Kumar Mishra,Diwan Saifullah Khan Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and Smt. Savita, O.P. No.2 in person.
Present application under Section 482, Cr.P.C. has been filed for quashing the order dated 8.7.2019 passed by Additional Chief Judicial Magistrate, Court No.3, Mathura in Misc. Case No.2741 of 2019 in complaint case No.6163 of 2017 (Smt. Savita Vs. Monendra Singh and others), whereby the affidavit filed by O.P.No.2 dated 14.2.2019 has been replaced by the evidence of affidavit dated 20.2.2019. Certified copy of the impugned order is appended at page 22 of the present application.
It appears that inadvertently wrong order in this case was transcribed on 19.8.2019, whereby the matter was remitted to the mediation centre of this Court with the direction that the same may be decided after giving notice to both the parties and till then proceedings of the present case under Sections 498A, 323, 506, 377, IPC and 3/4 Dowry Prohibition Act were stayed. The applicant in order to take advantage of the wrongly transcribed order, filed the application for correction in the order and also filed an application for extension of time to deposit the amount, which was directed to be deposited for referring the matter to the mediation centre. The said applications have been registered as Correction Application No.1 of 2019 and Time Extension Application No.2 of 2019 respectively. From the averment made in the impugned order, it is apparent that the statement of PW-1 had already been made and date was fixed for cross examination of the said witness. In the meantime an application (10B) was filed by the complainant on the ground that the affidavit filed on 14.2.2019 may not be read as evidence and the subsequent affidavit of the complainant dated 20.2.2019 be read as evidence. The said application was allowed by the trial court by the order impugned accepting the prayer of the complainant and the matter was fixed for cross examination of PW-1.
The order impugned has been passed at interlocutory stage and there is no illegality or infirmity in the order impugned, warranting interference in exercise of inherent powers under Section 482, Cr.P.C.
Therefore, the present application in so far as the quashing of the impugned order is concerned, is totally misconceived and is, accordingly, dismissed.
The earlier order dated 19.8.2019 transcribed inadvertently is, hereby, recalled. Under these circumstances, since there is no necessity for passing any order on the Correction Application or Time Extension Application, the said applications are also rejected.
Order Date :- 26.9.2019 T. Sinha