Court No. - 21
Case :- APPLICATION U/S 482 No. - 28889 of 2018 Applicant :- Viveka Nand Rai Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Kameshwar Singh Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
This application under Section 482 Cr.P.C. has been filed for quashing the impugned order dated 23.01.2018 passed by the Additional Chief Judicial Magistrate, court no.8, Allahabad in complaint case no.1123 of 2009 whereby application under Section 311 Cr.P.C. moved by the applicant for calling the opposite party no.2, Smt. Gyatri Pandey for purpose of cross examination was rejected and the impugned order dated 12.07.2018 passed by the Additional Sessions Judge, court no.5, Allahabad in Criminal Revision No.32 of 2018 whereby revision of the applicant has been dismissed.
Learned counsel for the applicant submitted that in the interest of justice and for proper adjudication of the matter opposite party no.2 is to be summoned under Section 311 Cr.P.C. for further cross examination by the applicant. He further submitted that the application has been rejected only on the ground that on 08.12.2016 this Court in Application under Section 482 Cr.P.C. No.37811 of 2016 had directed the court concerned to complete trial expeditiously.
Considering the facts and circumstances of the case and in the interest of justice, the present application is allowed. The impugned order dated 23.01.2018 passed by the Additional Chief Judicial Magistrate, court no.8, Allahabad in complaint case no.1123 of 2009 and order dated 12.07.2018 passed by the Additional Sessions Judge, court no.5, Allahabad in Criminal Revision No.32 of 2018 are set aside.
If applicant moves an application before the Additional Chief Judicial Magistrate, court no.8, Allahabad to summon the opposite party no.2 within one week from today, Additional Chief Judicial Magistrate, court no.8, Allahabad shall fix a date for cross examination of opposite party no.2 and on such date, she shall be summoned and the applicant shall be provided an opportunity for cross examination of opposite party no.2.
However, it is made clear that no adjournment shall be granted to the applicant for the purpose of cross examination of opposite party no.2 It is expected that the court below will not give unnecessary adjournment to either of the parties.
Order Date :- 21.8.2018 Asha