Special Police Establishment ... vs Shri Umesh Tiwari
2021 Latest Caselaw 8418 MP

                                                          1                            MCRC-60404-2021
                                The High Court Of Madhya Pradesh
                                        MCRC No. 60404 of 2021
                        (SPECIAL POLICE ESTABLISHMENT LOKAYUKTA ORGANIZATION Vs SHRI UMESH TIWARI AND
                                                           OTHERS)


                      Jabalpur, Dated : 07-12-2021
                               Shri Abhijeet Awasthi, learned counsel for applicant.

                               Issue notices to respondents on payment of process fees within three

working days, failing which this petition shall stand dismissed without further reference to the Court.

Learned counsel for petitioner while assailing order of trial Court

allowing an application under Section 91 of Cr.P.C. preferred by the respondent/accused No.1 has directed the prosecution (petitioner herein) to produce call details of four persons i.e. complainant, Investigating Officer and two seizure witnesses in an on going investigation commenced vide Crime No.15/2021 alleging offences punishable under Section 7 read with Section 13 (1) (ii) of Prevention of Corruption Act, 1988.

Learned counsel for applicant relying upon a judgment of the Apex Court in the case of State of Orissa Vs. Debendra Nath Padhi, 2005 (1) SCC 568, submits that no such right or privilege is available to the accused

during pendency of investigation to invoke Section 91 of Cr.P.C.

In view of above, as an interim measure, the effect and operation of the impugned order dated 07.10.2021 (Annexure-P/4) passed in M.J.C.(R) No.268/2021 shall remain stayed till the next date of hearing.

List this matter in the first week of January, 2022.

                         (SHEEL NAGU)                         (PURUSHAINDRA KUMAR KAURAV)
                             JUDGE                                       JUDGE

                      Nitesh




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Date: 2021.12.08
17:16:14 IST