Madhya Pradesh High Court
Gopichand Moolchandani vs Deepa Parwani on 18 March, 2020
Author: Rajendra Kumar Srivastava
Bench: Rajendra Kumar Srivastava
1 MCRC-1898-2020
The High Court Of Madhya Pradesh
MCRC-1898-2020
(GOPICHAND MOOLCHANDANI Vs DEEPA PARWANI)
2
Jabalpur, Dated : 18-03-2020
Shri Ankit Saxena, learned counsel for the petitioner.
On perusal of the case, it shows that the petitioner has filed this petition
for recalling the complainant-Deepa Parwani to cross examine her again by
asking certain questions which could not be asked in earlier cross examination
of her. He has also filed the copy of application dated 25.04.2019, reply as
well as copy of statement of the complainant/respondent.
But, on perusal of impugned order, it appears that the learned magistrate has passed the order in relation to complainant witnesses Lucky Parwani husband of the complainant. It is also found that the learned Magistrate has discussed about some facts like the complainant is the member of Hindu joint family, which is not mentioned in the application, filed by the petitioner under Section 311 of Cr.P.C. Therefore, the impugned order is suffering from ambiguity.
Hence, without considering the merits of the case, I would prefer to remand back the matter to the learned Trial Court by setting aside the impugned order dated 25.04.2019 with the direction to decide afresh the application under Section 311 of Cr.P.C. dated 25.11.2019, filed by the petitioner/accused.
Needless to say, the learned trial Court shall pass the order after giving the adequate opportunity to both the parties. The petitioner shall not seek any adjournment to argue on the application.
Accordingly, this petition is disposed of.
(RAJENDRA KUMAR SRIVASTAVA) JUDGE L.R. Digitally signed by LALIT SINGH RANA Date: 2020.03.20 16:27:43 +05'30' 2 MCRC-1898-2020