GEETA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Mr. Ashok Kumar Yadav, learned counsel for the applicant, Mr. Deepak Yadav, learned counsel for the opposite party no.2 and Mr. Pankaj Srivastava, learned AGA for the State.

(2.) The instant application under Sec. 482 Cr.P.C. has been filed for quashing of the order dtd. 3/9/2021 passed by Additional District and Sessions Judge, Sambhal at Chandausi in S.T. No. 70 of 2019 (State Vs. Devendra Yadav), arising out of Case Crime No.662 of 2017, under Sec. 344, 376D, 354, 323, 504, 506, 115, 34 IPC, Police Station-Hayatnagar, District-Sambhal by which the application under Sec. 311 Cr.P.C. moved by the applicant has been rejected.

(3.) Brief facts of the case are that an FIR was lodged on 22/12/2017 by the applicant against as many as five persons under Ss. 344, 376D, 354, 323, 506, 115, 34 IPC, Police Station-Hayatnagar, District-Sambhal. After recording the statements of the victim/applicant under Ss. 161 and 164 Cr.P.C., the charge sheet has been submitted, pursuant to which, the trial court has proceeded to record the statement of victim/applicant, who has been examined as P.W.-1. Subsequently, on 3/9/2021, the applicant/victim has filed an application under Sec. 311 Cr.P.C. before the trial court to summon her for giving further evidence with respect to certain photographs and documents, which were necessary for proper adjudication of the case. However, the said application has been rejected by the concerned court below vide order dtd. 3/9/2021 on the ground that the statement of the applicant/victim has already been recorded on 25/2/2020 and all the evidences are available on record. The victim has also been cross-examined, hence the said application under Sec. 311 Cr.P.C. has been moved only to delay the trial.