Court No. - 42
Case :- APPLICATION U/S 482 No. - 23039 of 2019 Applicant :- Shyam Kishor Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A for State.
The present application under Section 482 has been filed to quash the orders dated 14.3.2019 and 5.4.2019 passed by Additional District Judge/ Additional Family Court F.T.C. Court no. 2, Fatehpur in Case No. 189 of 2019 (Old Case No. 180 of 2016), Tejpati Vs. Shyam Kishor, under Section 125 Cr.P.C. P.s. Zafarganj District Fatehpur.
The submission is that P.W.3, Sandeep Singh, was being cross-examined by the applicant, however, after lunch, when the court had fixed time for cross-examination of P.W.3, he did not appeared and, therefore, his evidence was closed. The applicant is aggrieved because part of the cross-examination of P.W.3 was recorded and a crucial part of the cross-examination was to take place on behalf of the applicant, therefore, he has been prejudiced on account of closure of the evidence.
No useful purpose will be served by keeping this application pending and issuing noticed to opposite parties.
This application is accordingly disposed of with a direction that the Family Court, Fatehpur shall provide one opportunity to the applicant to cross-examine P.W.3 and thereafter conclude the proceedings.
It is made clear that no adjournment shall be granted in favour of the applicant for this purpose.
The court below is also directed to conclude the proceedings of Case No. 189 of 2019 (Old Case No. 180 of 2016), Tejpati Vs. Shyam Kishor, under Section 125 Cr.P.C. P.s. Zafarganj District Fatehpur within a period of four moths from the date of production of certified copy of this order.
Order Date :- 24.6.2019 Nadeem Ahmad