NITEESH KUMAR GUPTA Vs. STATE OF U P AND ANOTHER
LAWS(ALL)-2016-3-229
HIGH COURT OF ALLAHABAD
Decided on March 01,2016

Niteesh Kumar Gupta Appellant
VERSUS
State Of U P And Another Respondents

JUDGEMENT

- (1.) The present application has been filed with the prayer to set-aside the order dated 3.11.2015 passed by the Additional Chief Judicial Magistrate, Court No.1 Aligarh and the order dated 3.12.2015 passed by the Sessions Judge, Aligarh in criminal revision no. 950 of 2015 and to direct the court below to summon the opposite party no.2/PW-1 for cross-examination. Further prayer has been made to stay the further proceedings of complaint case no. 676 of 2014 under Section 406 IPC, P.S. Gandhi Park, District - Aligarh.
(2.) Heard Shri Virendra Singh Rajput, learned counsel for the applicant, Shri Manoj Kumar Srivastava, learned counsel for the opposite party no.2 as well as the learned AGA appearing for the State.
(3.) It was submitted by the learned counsel for the applicant that the applicant could not make cross-examination from the opposite party no.2 / PW-1 examined by the complainant. The application in this regard was also moved but the same was rejected on insufficient ground. The revisional court also dismissed the revision affirming the order passed by the Magistrate concerned. If the opportunity for cross-examination from PW-1 is not given to the applicant, he would suffer irreparable loss.;


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