SMT. MADHU Vs. STATE OF UTTARAKAND AND ANR.

JUDGEMENT

(1.) HEARD Mr. M.C. Kandpal, Senior Advocate assisted by Mr. I.P. Kohli, Advocate for the applicant, Mr. Nandan Arya, AGA for the State of Uttarakhand/respondent No. 1 and Mr. Pankaj Miglani, Advocate for respondent No. 2.

(2.) THIS application under Section 482 read with Section 483 of Cr.P.C. has been filed by the applicant against the order of the Sessions Judge, Haridwar dated 2.7.2010 passed in Criminal Revision No. 313 of 2010 Smt. Madhu and Ors. v. State and order dated 1.6.2010 passed by the Chief Judicial Magistrate, Haridwar in Criminal Case No. 5042 of 2007 State v. Anil Kumar Bidani, whereby the application moved by the revisionist/applicant under Section 319 of Cr.P.C. has been rejected.

(3.) AT this juncture, it is necessary to state that the application under Section 319 of Cr.P.C. was moved on behalf of the accused at a stage when examination of evidence was at its final stages. The application was moved by the accused under Section 319 Cr.P.C. stating that P.W.1 Smt. Payal Bidani and P.W.2 Sri Kedarnath having deposed before the Court in their statement that they have given dowry to the accused persons and since giving of dowry is also a crime as much as taking of dowry is, the Court must proceed against Mr. Kedarnath Batla and Smt. Seema Batla under Section 3 of the Dowry Prohibition Act, 1961.