Court No. - 67
Case :- APPLICATION U/S 482 No. - 16814 of 2019 Applicant :- Shobha Devi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Girish Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Sri Girish Kumar Gupta, learned counsel for the applicant, learned AGA and perused the record.
By means of the present application filed under section 482 Cr.P.C., the applicant is assailing the validity and veracity of the order dated 12.03.2019 passed by the Additional Session Judge/Fast Track Court, Varanasi in Criminal Case No. 343 of 2013 (State v. Deepak and another) arising out of Case Crime No. 361 of 2012, under sections 376, 323 and 506 IPC, P.s. Lanka, District Varanasi whereby the application 10 G, filed by the prosecution, was allowed and Shobha Devi, mother of the accused was exonerated from getting custody before the court.
Learned counsel for the applicant submitted that the applicant -Shobha Devi is the mother of the victim and during investigation her statement recorded under section 161 Cr.P.C. was recorded as one of the witnesses. Before commencement of the trial, prosecution had given list of witnesses to be examined during trial and the name of the applicant also finds place in that list. In rebuttal, the DGC (Criminal) averred in his contention that since the mother of the victim girl- Shobha Devi (the present applicant) is not supporting the prosecution and the aforesaid mention has wrongly been accepted by the court concerned. He further submitted that it is surprising that if a witness is not supporting the prosecution, he/should is exonerated by the court concerned only on this ground, hence the order dated 12.03.2019 passed by the court of the Additional Session Judge/Fast Track Court, Varanasi is totally misconceived and the application of the applicant has wrongly been rejected.
This Court is of the considered opinion that rejection of application 10-G vide order dated 12.03.2019 on the ground mentioned in the order itself is totally misconceived and bad in the eyes of law. Therefore, the matter is remitted to the court concerned which shall adjudicate the same, after giving proper audience to rival parties and record the testimony of the applicant also, as per provision of law within a period of one month from the date of production of a certified copy of this order.
The application under section 482 Cr.P.C., is accordingly disposed of.
Order Date :- 29.5.2019 shailesh