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2004 Supreme(Raj) 1519

SUNIL KUMAR GARG
Banshi Lal – Appellant
Versus
Smt. Chau Bai – Respondent


Advocates:
For the Petitioner:Mr. R.S. Chundawat,Advocate.
For the Respondent:Mr. Sandeep Mehta, Advocate.

JUDGMENT

1. This revision petition under Section 397 Cr.RC. has been filed by the accused petitioner against the order dated 2.6.2003 passed by the learned Additional Chief Judicial Magistrate, Begun in Criminal Case No.338/2001 by which he allowed the application under Section 311 Cr.P.C. filed by the respondents and ordered to produce additional evidence when the proceedings under Section 125 Cr.P.C. were fixed for final arguments, be quashed and set aside.

2. It may be stated here that the respondent filed an application under Section 125 Cr.P.C. against the petitioner for maintenance before the learned ACJM, Begun and reply to that application was filed by the petitioner and evidence of both the parties was recorded and the case was adjourned for final hearing on 25.3.2003 and thereafter the case was adjourned for final hearing on 16.4.2003. Thereafter the respondent filed an application on 14.5.2003 for producing additional evidence and that application was allowed by the order dated 2.6.2003 by the learned Additional Chief Judicial Magistrate inter alia holding:

(i) That the additional evidence which was to be produced by the respondent should be allowed in the interest of just















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