RADHESHYAM Vs. STATE OF U.P.

JUDGEMENT

(1.) This revision has been preferred with the prayer to set aside the impugned order dated 21.10.2019 passed by the Principal Judge, Family Court, Sant Kabir Nagar in Case No.72/11/2018 (Bandana Devi and another vs. Radheshyam @ Anil) u/s 125 Cr.P.C., Police Station-Kotwali Khalilabad, District-Sant Kabir Nagar and to direct the learned court below to give opportunity to the revisionist to cross-examine the opposite party no.2.

(2.) Heard learned counsel for the revisionist and learned A.G.A.

(3.) Submission of counsel for the revisionist is that opposite party no.2 Bandana, who is the wife of the revisionist, had been produced in the court and her examination-in-chief was recorded but as the counsel for the husband-revisionist did not appear, the opportunity of her cross-examination was closed. Further submission is that in the absence of effective cross-examination the cause of revisionist shall suffer beyond repair and the fairness of the proceedings will also get vitiated. It has been further submitted that it is not only in the interest of the husband-revisionist but it shall also go to deprive the court from appreciating the facts in correct perspective. It has also been submitted that an untested testimony becomes often misleading and deceitful to be relied upon and before the court should act upon the deposition of a witness, it is very essential to test the same on the anvil of cross-examination. Submission is that at least one opportunity may be granted so that the revisionist may cross-examine the wife who is a very essential witness in the case and the fate of the case will turn upon the quality of her statement and the evidentiary value which she shall carry.