Court No. - 64
Case :- APPLICATION U/S 482 No. - 16935 of 2019 Applicant :- Smt.Zuby Ansari Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shashi Kant Mishra Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
By way of the instant application, challenge has been made to the order dated 14.02.2019 passed by the Chief Judicial Magistrate, Bhadohi, in Complaint Case No.1117 of 2011, Smt. Zuby Ansari Vs. Tabrez Ahmad and others, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Bhadohi, District Bhadohi, whereby evidence for the complainant has been closed.
Upon perusal of the averments made in the accompanying affidavit and upon consideration of document annexed therewith, obviously it appears that opportunity to lead evidence as per mandate contained under Section 244 Cr.P.C. was closed but observations have been made by the court below in the impugned order itself that the application for summoning the witnesses can be moved under Section 311 Cr.P.C. That way, the applicant is not put to loss. The opportunity to close evidence has attained finality in Application U/S 482 No.3268 of 2014, Smt. Zuby Ansari Vs. State of U.P. and 7 others, vide order dated 02.09.2015 passed by this Court. Therefore, that point under Section 244 Cr.P.C. cannot be agitated afresh. No good ground is made out for quashment of the impugned order. Accordingly, the prayer for quashment of the impugned order is refused.
However, remedy under Section 311 Cr.P.C. can be availed by the applicant.
Consequently, the instant application being devoid of merit is dismissed.
Order Date :- 29.4.2019 rkg