- (1.) This application under Section 482 Cr.P.C. has been filed for quashing the order dated 18.10.2013 passed by Additional Chief Judicial Magistrate, Court no.7, Bareilly in Criminal Case No. 2698 of 2011 arising out of Case Crime no. 123 of 2004 under Section 419, 420, 468, 470, 471 I.P.C. Police Station-Subhash Nagar, District Bareilly and also quashing the order dated 8.10.2015 passed by Additional Sessions Judge, Court No.1 Bareilly in Criminal Revision No. 538 of 2013 whereby application under Section 311 Cr.P.C. moved by applicant was rejected by learned Magistrate and revisional Court dismissed the revision upholding the order passed by learned Magistrate.
(2.) Facts giving rise to this application are that an FIR under Section 419, 420, 468, 470 I.P.C. bearing Case Crime No. 123 of 2004 was got lodged by applicant against opposite party no.2-Virendra Sahai Raizada alleging that he had moved several complaints in his own hand writing in the name of different fake persons only with a view to defame and to cause undue loss to the applicant. The police investigated the matter and lastly submitted the charge sheet against opposite party no.2-Virendra Sahai Raizada under the aforesaid sections. Thereafter trial commenced and prosecution evidence concluded; and statement of the accused under Section 313 Cr.P.C was recorded in which he denied the allegations. After providing opportunity to lead evidence in defense the case came up at the stage of final arguments. The records shows that an application under Section 311 Cr.P.C. was moved on behalf of the applicant. For ready reference the same is reproduced below: JUDGEMENT_310_LAWS(ALL)5_2016.jpg
(3.) Learned Magistrate called objections and after hearing both the parties rejected the application vide order dated 18.10.2013 observing that the case was at the stage of arguments and under Section 311 Cr.P.C. the evidence of the witnesses (i) Sardar Kavaljeet Singh, Principal, Guru Nanak Khalsa Inter College, Subhash Nagar, Bareily (ii) Sardar Gurucharan Singh, Manager, Guru Nanak Khalsa Inter College, Subhash Nagar, Bareily and (iii) Kwaja Abdul Ahmad Mugni, Teacher, Guru Nanak Khalsa Inter College, Subhash Nagar, Bareily was not required and with a view to ascertain hand writing, the evidenc of hand writing expert Anoop Sinha was recorded. Assailing the aforesaid order of the learned Magistrate, Criminal Revision bearing No. 538 of 2013 was preferred by the first informant in the Court of Sessions Judge, Bareilly but the same was dismissed and the view taken by learned Magistrate was upheld. In this application both the orders of learned Magistrate as well as Revisional Court are prayed to be quashed.;