1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Miscellaneous Application (C482 ) No. 892 of 2011 Km. Shailja Rawat (minor) D/o Shri Arjun Singh R/o House No. 6/4 Canal Road Police Station Rajpur, District Dehradun through her mother/natural guardian Smt. Jaishree, S/o Shri Arjun Singh R/o House No. 6/4 Canal Road Police Station Rajpur, District Dehradun …..…Petitioner Versus 1. State of Uttarakhand through Secretary Home Dehradun. 2. Arjun Singh, S/o Shri Pooran Singh R/o 71/40, Chaudhary Bihari Lal Marg Thana Kotwali, District Dehradun ……….Respondents Mr. Ramji Srivastava, Advocate, present for the petitioner. Mr. B.S. Parihar, Brief Holder, present for the State. Hon'ble Prafulla C. Pant, J. Heard. 2. By means of this petition moved under section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.) the petitioner has challenged the order dated 10.06.2011, passed by Judge, Family Court, Dehradun, Whereby said court has rejected 2 the application under section 311 Cr.P.C., moved in Criminal Miscellaneous Case no. 294 of 2008, Km. Shailja Rawat vs. Arjun Singh. 3. Learned counsel for the petitioner pleaded that in the changed circumstances an application was moved in order to adduce the additional evidence. However, after going through the papers on record, and after considering the submissions of learned counsel for the petitioner, this Court finds that the trial court has to see the fact as it existed on the date of application for maintenance moved, and accordingly the evidence has been adduced by the parties in case. This Court agree with the learned trial court that the object of section 311 Cr.P.C., is not to fill the lacunae in the evidence of any party. As far as the change circumstances are concerned, application under section 125 Cr.P.C, itself takes care of the same, and once the maintenance is awarded, it can be got modified in the changed circumstances by moving an application before the court concerned. 4. For the reasons as discussed above, this Court finds no illegality on the part of the trial 3 court in rejecting the application under section 311 Cr.P.C. Accordingly, the petition under section 482 Cr.P.C., is dismissed summarily. (Prafulla C. Pant, J.) Parul 27.09.2011