Court No. - 49
Case :- APPLICATION U/S 482 No. - 46286 of 2018 Applicant :- Ram Prasad Yadav And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Desh Ratan Chaudhary,Sanjay Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Chaudhary,J.
Heard the learned counsel for the petitioners and the learned A.G.A.
This petition has been filed with a prayer to quash the order dated 3.10.2018 passed by the learned Additional Sessions Judge, F.T.C. No. district Mirzapur in S.T. No. 155 of 2017( State Versus Munni Devi and others) under section 498- A,304-B I.P.C. and section ¾ of D.P.Act P.S. Lalganj district Mirzapur whereby the application for summoning P.W. I has been rejected.
From the perusal of the record it appears that in the present case opportunity was given to the petitioner for cross examining P.W. 1 but after recording the examination in chief of P.W. 1 cross examination was closed. The learned magistrate has not committed any error in passing the impugned order dated 3.10.2018. However, considering the submission made by the learned counsel for the petitioners that the petitioners are ready to deposit the cost, and he is facing the proceedings of the case punishable under sections 498-A,304-B I.P.C. I.P.C. in which severe punishment is provided. Therefore, it is directed that in case the petitioner deposits Rs. 10,000/- before the court concerned within 20 days from today for summoning P.W. 1, for the purpose of cross examination and deposits Rs. 10,000/- the same shall be allowed as one and last opportunity.
With the above direction this application is finally disposed of.
Order Date :- 19.12.2018 N.A.
(Vivek Chaudhary,J.)