SHUBHRA TIWARI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Prashant Shukla, the learned counsel for the applicant and Sri Ganesh Dutt Bhatt, the learned AGA-I for the State.

(2.) By means of the instant petition filed under Sec. 482 Cr.P.C./ 528 BNSS, the petitioner has challenged the validity of an order dtd. 7/3/2026 passed by the learned Additional Sessions Judge, Court No. XIX, Lucknow in Sessions Trial No. 262/2019 arising out of Case Crime No. 721/2018, under Sec. 302 IPC, Police Station Indira Nagar, District Lucknow, whereby an application filed by the complainant under Sec. 311 Cr.P.C. read with Sec. 165 of the Evidence Act has been allowed.

(3.) The aforesaid application was filed by the complainant after closure of the prosecution evidence, recording of statement under Sec. 313 Cr.P.C. and commencement of submissions, stating that Google Search History (Document no. P-6), WhatsApp chat (Document no. P-5) and Media statement of the accused (Document no. P-18) are available on record but the same have inadvertently been left out from being marked as exhibits and she requested that the documents may be marked as exhibits. The complainant further stated that PW-1 has made a mention of accused's sister and the accused has also stated in her statement under Sec. 313 Cr.P.C. that about 15 days before the incident, the complainant had taken the phone of the accused and there are WhatsApp chat between the accused and her sister Ruchi Mishra. Therefore, her examination would be necessary for proper adjudication of the case. A further prayer made in the application was for examination of a neighbor of the accused Aradhana Mishra, whose name finds place in the list of witnesses but who has not been examined. She had counseled the accused on many occasions, as the accused felt troubled by having a daughter and she desired to have a son. Her testimony is essential for explaining the mental condition of the accused at the time of the incident.