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Hement Dubey Vs. the State of Madhya Pradesh - Court Judgment

SooperKanoon Citation

Court

Madhya Pradesh High Court

Decided On

Appellant

Hement Dubey

Respondent

The State of Madhya Pradesh

Excerpt:


.....shri s. chile, ga for state. heard finally with the consent of counsel for the parties. this petition under section 482 of cr.p.c.has been filed in order to invoke the extra ordinary jurisdiction of this court to direct the trial court in st no.103/13, pending before 15th asj.jabalpur to call for the documents for which application under section 91 of cr.p.c.vide dated 5.2.13 has been kept pending by the learned trial court as pre-mature up to the date of framing of the charge. learned counsel for petitioner submits that as on 6.3.13 charges have been framed by learned trial court, therefore, learned trial court may be directed to call for the documents which are in the form of report dated 24.5.12 of complainant to dig, consequential statement taken in enquiry on 6.6.12 of complainant. the prayer made by the petitioner’s counsel seems to be reasonable, therefore, it is directed that the documents which are in the form of report dated 24.5.12 of complainant to dig, consequential statement taken in 2 enquiry on 6.6.12 of complainant be called before the examination of complainant and her witnesses. so far as other prayer for calling of copy of notice and reply is concerned,.....

Judgment:


1 M.Cr.C.No.2706/13.

08.04.2013.

Shri Ahadulla Usmani, Advocate for petitioner.

Shri S.

Chile, GA for State.

Heard finally with the consent of counsel for the parties.

This petition under Section 482 of Cr.P.C.has been filed in order to invoke the extra ordinary jurisdiction of this Court to direct the trial Court in ST No.103/13, pending before 15th ASJ.Jabalpur to call for the documents for which application under Section 91 of Cr.P.C.vide dated 5.2.13 has been kept pending by the learned trial Court as pre-mature up to the date of framing of the charge.

Learned counsel for petitioner submits that as on 6.3.13 charges have been framed by learned trial Court, therefore, learned trial Court may be directed to call for the documents which are in the form of report dated 24.5.12 of complainant to DIG, consequential statement taken in enquiry on 6.6.12 of complainant.

The prayer made by the petitioner’s counsel seems to be reasonable, therefore, it is directed that the documents which are in the form of report dated 24.5.12 of complainant to DIG, consequential statement taken in 2 enquiry on 6.6.12 of complainant be called before the examination of complainant and her witnesses.

So far as other prayer for calling of copy of notice and reply is concerned, petitioner is free to file separate application in this regard.

With the aforesaid directions/observations, this petition is finally disposed of.

C.c.as per rules.

(M.A.Siddiqui) Judge.

Jk.


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