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2022 Supreme(Raj) 2442

VIJAY BISHNOI
Nitin Kumar – Appellant
Versus
Divya Sing – Respondent


Advocates appeared:
Mr. Vishal Singhal, for the Appellant.

JUDGMENT

1. This criminal misc. petition under Section 482 CrPC has been preferred on behalf of the petitioner being aggrieved with the order dated 15.12.2021 passed by the Family Court No.3, Jodhpur (for short 'the trial court'), whereby the application preferred on behalf of the petitioner under Section 311 CrPC read with Section 91 CrPC and Section 165 of the Indian Evidence Act has been dismissed.

2. In the proceedings initiated at the instance of the respondents under Section 125 CrPC, the respondent No.l has examined herself as witness and the evidence of the petitioner has also been closed.

3. After closer of the evidence of the petitioner, he moved an application before the trial court under Section 311 CrPC read with Section 91 CrPC and Section 165 of the Indian Evidence Act with a prayer to summon bank account statements, income-tax returns and several other information with regard to the respondent No.l. It has also been prayed that the respondent No.l may also be recalled so that the petitioner may again cross examine her on some points and her parents may also be called for giving their evidence.

4. The trial court after taking into consideration the contents of the applic

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