Manoj Misra, J. - (1.) HEARD learned counsel for the petitioner. The present petition has been filed against an order dated 25.10.2013 passed by the Additional District Judge, Court No. 16, Agra whereby the application of the petitioner seeking to summon the deponent of an affidavit for cross -examination, in proceedings undertaken by the court concerned with respect to lodging of a complaint under Section 340 Cr.P.C., has been rejected.
(2.) ON 11.11.2013, this court passed the following order: - It appears from the record that with respect to manipulation in a report submitted by Court Amin bearing paper No. 22 -Ga, an application has been filed before the court concerned for lodging of a complaint in exercise of its power under Section 340 Cr.P.C. read with Section 195 Cr.P.C. During the pendency of the said proceedings, an application has been submitted by the petitioner seeking cross -examination of the persons, who had submitted an affidavit. This application of the petitioner has been rejected by order impugned dated 25.10.2013. Learned counsel for the petitioner prays for sometime to prepare the matter so as to assist the Court on the question as to whether at the stage of consideration of an application, under Section 340 Cr.P.C. read with Section 195 Cr.P.C., the Court has to hold a trial so as to permit cross -examination of the persons, who have applied for lodging of the complaint. As prayed, put up day after tomorrow i.e. 13.11.2013. The learned counsel for the petitioner has not been able to demonstrate that for the purpose of lodging of a complaint in exercise of its power under Section 340 Cr.P.C., read with Section 195 Cr.P.C., the Court is required to hold a mini trial thereby entertaining applications for cross -examination of parties. Accordingly, I do not find any good reason to interfere with the order dated 25.10.2013.
(3.) AT this stage, the learned counsel for the petitioner submitted that in the order dated 25.10.2013, certain observations have been made by the court below, which may be prejudicial to the interest of the petitioner.;