Court No. - 12
Case :- APPLICATION U/S 482 No. - 42388 of 2018 Applicant :- Priti Gupta Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Imran Mabood Khan 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 482 Cr.P.C. application has been filed to quash the order dated 12.10.2018 passed by VIth Additional District and Sessions Judge, Fatehpur in S.T. No.81 of 2017 (State Vs. Priti Gupta), arising out of case crime No.783 of 2016, under Section 304 IPC, Police Station- Bindki, District-Fatehpur, pending in the Court of VIth Additional District and Sessions Judge, Fatehpur.
Learned counsel for the applicant submitted that during the course of cross examination, P.W.-1 filed an application along with Pen Drive before the trial Court and trial Court marked the Pen Drive as Exhibit-K-1. He submitted that applicant filed objection dated 19.1.2018 on the admissibility of the said Pen Drive and ultimately learned Special Judge SC/ST (P.A.) Act, Fatehpur recalled the P.W.-1 for re-examination. He further submitted that applicant moved another application dated 12.10.2018 praying that compliance of order dated 21.7.2018 passed by the then Presiding Officer. He further submitted that opposite party no.2 filed objection dated 12.10.2018 for rejecting the application filed by the applicant and ultimately trial Court vide order dated 12.10.2018 has rejected the application filed by the applicant and also refused the record of examination-in-chief of P.W.-1. He further submitted that trial Court has ignored to consider the provisions of Section 65(b) of Evidence Act. Therefore, order impugned is bad in law.
Matter requires consideration.
Notice on behalf of opposite party no.1 has been accepted by learned A.G.A.
Issue notice to opposite party no.2 returnable within four weeks.
List this case on 9th January, 2019 before appropriate Bench.
In the meantime, learned A.G.A. may file counter affidavit.
Till the next date of listing, further proceedings of the aforesaid case shall remain stayed against the applicant.
Order Date :- 29.11.2018 Junaid