ATUL SHRIVASTAVA Vs. APARNA SHRIVASTAVA

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure, 1973, is directed against an order dated 25th September, 09, passed in Criminal Revision No. 277/09 by the Fourth Additional Sessions Judge, Gwalior setting aside thereby the order dated 6th August, 09, passed in Criminal Case No. 2480/08 by the Judicial Magistrate First Class, Gwalior, permitting the revisionist to file the documents alongwith the application under Section 91 Cr.PC, dated 25th November, 2008 Hied in the trial at the stage of defence evidence. Hence, it is prayed that the impugned order passed by the Revisional Court be set aside restoring the order passed by the Trial Magistrate.

(2.) The facts, in short, just for the decision of this petition are that on a private criminal complaint filed by the respondent No. 1 stating that the accused for want of illegal demand of dowry, caused mental and physical harassment to the complainant, the Magistrate issued the directions for registration of the FIR for commission of offence under Sections 498-A and 506-B of IPC against accused-petitioner, i.e., husband and his father-in-law, sister-in-law, uncle-in-law, aunl-in-law. After completion of usual investigation, the charge-sheet was filed and trial is at the defence stage.

(3.) The prosecution filed the application under Section 311 of Cr.PC read with Section 91, dated 8th September, 08 and further application on 25th November, 08. The Trial Magistrate by the order dated 6th August. 09 disallowed the application under Section 91 of Cr.PC and did not take the documents on record. Being aggrieved by aforesaid the order, the respondent No. 1 preferred the revision under Section 391 of Cr.PC, which was allowed by the impugned order and the order of the Trial Magistrate was set aside.