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Neutral Citation No. - 2025:AHC:86696 Court No. - 79 Case :- CRIMINAL REVISION No. - 6407 of 2024 Revisionist :- Mohd. Hasnain Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Rakesh Pati Tiwari Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the record. The present criminal revision has been moved with prayer to set aside/quash the impugned order dated 24.09.2024 passed by the learned Additional Principal Judge, Family Court, Court No.2, Bareilly in Case No.1567 of 2021 (Sazia Bi and another vs. Mohd. Hasnain) under Section 125 Cr.P.C., Police Station Baradari, District Bareilly. It is submitted by learned counsel for the revisionist that in this case an application u/s 125 Cr.P.C. was filed by opposite party no.2 against the revisionist. During the proceedings the statement of opposite party no.2 Smt. Sazia Bi was recorded on 02.11.2023 and she was also cross-examined. At the time of preparing cross- examination with PW-2 the father of opposite party no.2 some new
facts came into the light that was the reason an application u/s 311 Cr.P.C. was moved before the learned court to recall the witness PW-1 Smt. Sazia Bi for further cross-examination but this application was rejected by the learned trial court by order dated 24.09.2024 without giving an opportunity of further cross- examination of witness PW-1, therefore, requested to set aside the
order dated 24.09.2024 passed by the learned trial court and allow the revision and to afford the opportunity of further cross- examination of PW-1 Smt. Sazia Bi. Learned A.G.A. opposed the prayer as aforesaid. Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A., perusal of record and the order dated 24.09.2024 passed by the learned trial court, it appears that PW-1 Smt. Sazia Bi was examined on 02.11.2023 before the learned trial court and her
cross-examination was also completed on the part of the revisionist. Thereafter, PW-2 Mohd. Nabi Salmani father of the opposite party no.2 was to be cross-examined. Then an application u/s 311 Cr.P.C. was moved before the learned trial court for further cross-examination of PW-1 Smt. Sazia Bi though she was completely cross-examined. The application which was moved before the learned trial court dated 06.08.2024 does not show any substance on the basis of which PW-1 Smt. Sazia Bi be permitted for further cross-examination at the instance of the revisionist. The learned trial court has passed the order in question after considering all the facts of the case. There appears no any plausible ground to recall the witness, hence the order dated 24.09.2024 cannot be said to be illegal or erroneous and seeks no interference by this Court but this revision being devoid of merit is liable to be dismissed. Accordingly, this criminal revision is dismissed at the admission stage itself.
Order Date :- 22.5.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad