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2023 Supreme(Chh) 581

RAKESH MOHAN PANDEY
Aasha Lata Soni W/o Shri Durgesh Soni – Appellant
Versus
Durgesh Soni S/o Shri Chhabilal Soni – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Vaibhav A. Goverdhan, Advocate
For the Respondent:Mr. T. K. Jha, Advocate

ORDER :

1. The petitioner has challenged the order dated 21.10.2021 passed by the learned Family Court, Mahasamund, District Mahasamund, Chhattisgarh in Miscellaneous Criminal Case No.F-118/2019, whereby the application filed by respondent under Section 311 of the CrPC to summon the witness for further cross-examination has been allowed.

2. The application under Section 125 of the CrPC was moved by the petitioner for the grant of maintenance and the same is pending before the concerned Family Court since 2019. The petitioner led her evidence, thereafter, the case was fixed for examination of the witnesses and production of documents. Respondent/husband moved an application under Section 311 of the CrPC along with certificate under Section 65-B of the Indian Evidence Act for re-examination of the petitioner on the ground that certain conversation was recorded on the mobile phone and he wants to cross-examine the petitioner confronting with the conversation recorded on the mobile, and the learned trial Court vide order dated 21.10.2021 allowed the said application.

3. Learned counsel for the petitioner would submit that the learned Court below has committed an error of law by allowing t

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