LAWS(UTN)-2011-10-91

YOGESH GUPTA S/O SRI RAM BHAROSHE GUPTA R/O PANDITWARI CHOWK, PANDITWARI DEHRADUN, DISTRICT DEHRADUN Vs. SMT. PUSHPA LATA W/O SHRI LALIT KUMAR R/O DANDA PANI GALI NEAR G.G.I.C, DEHRADUN DISTRICT DEHRADUN

Decided On October 31, 2011
Yogesh Gupta S/O Sri Ram Bharoshe Gupta R/O Panditwari Chowk, Panditwari Dehradun, District Dehradun Appellant
V/S
Smt. Pushpa Lata W/O Shri Lalit Kumar R/O Danda Pani Gali Near G.G.I.C, Dehradun District Dehradun Respondents

JUDGEMENT

(1.) HEARD .

(2.) BY means of this petition moved under section 482 of Cr.P.C., the petitioner has challenged order dated 11.08.2011, passed by Additional Chief Judicial Magistrate, Dehradun whereby application dated 01.06.2011, moved by the petitioner was rejected. Also, the order dated 28.09.2011, passed by Sessions Judge, Dehradun in Criminal Revision No. 132 of 2011 is challenged by the petitioner.

(3.) AT the stage of defence evidence, petitioner (accused) moved an application dated 01.06.2011, seeking direction to the complainant to adduce the evidence of a finger print and hand writing expert. The trial court has rejected the application after hearing the parties for the reason that accused can not compel the complainant to adduce the evidence of his liking. The trial court has also observed that the application has been moved to delay the proceedings of the case. The revisional court after hearing the parties, has also affirmed the same view.