SHAMSUNNISSA Vs. STATE OF U P

JUDGEMENT

(1.) THIS is an application under Section 482, Cr.P.C. for quashing the order dated 28 -7 -84 passed by the IV Munsif Magistrate, Varanasi in Case No. 1025 of 1982, Shamsunnissa v. Jamal Ahmad, under Section 125, Cr.P.C.

(2.) THE brief facts for the purposes of deciding the present application are that petitioner Smt. Shamsunnissa filed an application under Section 125, Cr.P.C. claiming maintenance before the IV Munsif Magistrate on the ground that respondent No. 2, Jamal Ahmad has developed illicit connections with a woman and he is always living with that woman in her house and has neglected and refused to maintain the petitioner. Respondent No. 2 contested the aforesaid application and denied the allegations made by Smt. Shamsunnissa. In this case it may be noted that the evidence of the petitioner and respondent No. 2 was closed and thereafter an application on 13 -1 -84 was moved by Smt. Shamsunnissa (Annexure IV) praying that she may be allowed to adduce evidence as respondent No. 2 has contacted second marriage with the daughter of tiadruddin. Under the impugned order dated 28 -7 -84 it is this application moved by Smt. Shamsunnissa that has been rejected by the IV Munsif Magistrate, Varanasi.

(3.) LEARNED Counsel for the contesting respondent has strenuously urged that the application did not disclose the names of the witnesses whom Smt. Shamsunnissa wanted to examine in this case and in view of the provisions of Section 311 Cr.P.C. the Magistrate in any view of the matter could not pass an order in favour of the petitioner.