GURBACHAN ARORA Vs. SEEMA ARORA AND ANR.

JUDGEMENT

(1.) THE Petitioner felt aggrieved by the order passed on 11.1.2010 by the learned Sub Divisional Judicial Magistrate, Rampur, on an application moved by the Petitioner under Section 126(2) read with Section 311 of the Code of Criminal Procedure, seeking an opportunity to cross -examine the witnesses, who appeared to have been cross - examined in his absence by an advocate, not authorized by him, which was dismissed. Hence, the instant petition under Section 482 of the Code of Criminal Procedure, in short "the Code".

(2.) IN short, the facts in brief giving rise to the present petition can be stated thus. The Petitioner was married to Respondent No. 1 Seema Arora, in the year 1991. Out of this wedlock, she gave birth to Respondent No. 2 Shivani Arora. The Petitioner and Respondents had lived together, but some dispute arose between them and it became difficult to them to live together. Thus, Respondent -wife moved an application under Section 125 of the Code, for grant of maintenance from her Petitioner -husband, which was resisted and contested by him by leveling counter allegations.

(3.) ON 3.12.2009, Shri N.C. Chauhan, learned Counsel representing the Petitioner -husband did not put in appearance and in his place, one Shri Nargesh Katoch, Advocate appeared vice Counsel, on that date statements of three PWs, namely PW2 Subodh Sharma, PW3 Anish Ahmed and PW4 Mohammed Ishfaq tendered their affidavits in evidence and cross -examined the evidence of the Respondent -wife was closed and the case was fixed for 19.12.2009, for the statements of the witnesses of the Petitioner -husband.