Court No. - 1
Case :- CRIMINAL REVISION No. - 2372 of 2018 Revisionist :- Rajman And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Hanuman Deen Verma Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri S.P.Singh, learned counsel for the revisionist and Sri Irshad Hussain, learned AGA for the State.
The present Criminal Revision has been filed for quashing the judgement and order dated 29.06.2018 passed by A.C.J.M. I, Basti in case no. 3649 of 2016 Geeta Devi @ Subhawati Vs. Rajman and others, under Section 498-A, 323 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Gaur, District Basti.
It has been contended by the learned counsel for the revisionist that the revisionist has produced defence witness, namely, Ayodhya Prasad whose examination-in- chief was conducted on 14.6.2018 and the next date for his cross examination was 25.6.2018. He further submits that counsel for opp. party no.2 did not appear in time to cross examine the defence witness though he was present but the trial court closed the evidence and passed the impugned order against the revisionist. He further submits that the impugned order which has been passed by the trial Court is illegal and the same should be set aside. He further submits that the revisionist are ready to deposit the cost for recalling of defence witness Ayodhya Prasad.
Learned AGA opposed the prayer for quashing of the impugned order and has submitted that it appears from the impugned order as well as order sheet that DW1 was not produced by the defence before the trial court, copy of page-25, hence, his cross-examination could not be done. Learned counsel for the revisionist disputed the said fact.
Considering the facts and circumstances of the case and submission advanced by learned counsel for the parties. As the revisionist has produced defence witness D.W. 1, namely, Ayodhya Prasad whose examination-in-chief has already been recorded. It is in the interest of justice that his cross examination may also be allowed to be done.
The trial court is directed to recall the D.W.1 Ayodhya Prasad for his cross examination by the revisionist on a particular date, subject to the condition that a cost of Rs. 5,000/- in equal proportionate, i.e., Rs. 1000/- each, is deposited by the revisionists within two weeks from today before the trial court as expenses which shall be paid to the aforesaid defence witness on the date fixed by the trial court. The D.W.1 shall appear before the trial court on the date fixed by it and his cross- examination should be completed on the date on which he appear before the trial court and if it is not recorded due to unavoidable circumstances it should be recorded on the next working day positively.
It is made clear that if the amount of Rs. 5,000/-, as directed above, is not deposited by the revisionist in equal proportionate in the trial court, the trial court shall proceed in accordance with law.
With the aforesaid directions present revision stands disposed of.
Order Date :- 25.7.2018 Ashok Gupta