Court No. - 69
Case :- APPLICATION U/S 482 No. - 16258 of 2019 Applicant :- Smt. Neelam Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sushil Kumar Chaturvedi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Sushil Kumar Chaturvedi, learned counsel for the applicant and Sri Ravi Singh Parihar, learned AGA for the State.
This application under section 482 Cr.P.C. has been filed for quashing the impugned order dated 19.03.2019 passed by Additional Sessions Judge XXII, Agra in application, under section 319 Cr.P.C. in Sessions Trial No. 409 of 2018 (State Vs. Bhagwandas & others) arising out of Case Crime No. 327 of 2017, under sections 307, 498-A, 323, 325 IPC & 3/4 D.P. Act, P.S. Tajganj, District Agra.
It has been contended by learned counsel on behalf of applicant that the applicant was cross-examined as PW-1 and in her statement on oath she categorically assigned the role/involvement of accused/opposite party no. 2 in commission of offence with her. He further contended that the trial court has undermined her prayer and had recorded finding contrary to the facts and circumstances which is available on record.
After hearing the learned counsel for the applicant, learned AGA and after perusing the material on record, the impugned order dated 19.03.2019 passed by Additional Sessions Judge, XXII, Agra, is hereby set aside.
The present Application U/s 482 is finally disposed off.
The matter is remitted to the court below with the direction that the trial court shall decide the application of the applicant filed under section 319 Cr.P.C., after hearing the parties and pass a fresh order without granting any unnecessary adjournment to either of the parties, preferably within a period of one month from the date of production of the certified copy of this order before him.
Order Date :- 25.4.2019 Arti