Rajaram Gupta vs The State Of Madhya Pradesh
2021 Latest Caselaw 1177 MP

                                    1                               MCRC-52-2021
        The High Court Of Madhya Pradesh
                   MCRC-52-2021
                   (RAJARAM GUPTA Vs THE STATE OF MADHYA PRADESH)

5
Jabalpur, Dated : 31-03-2021
       Ms.D.K.Bohre, learned counsel for the petitioner.
       Ms.Nalini Gurang, learned Panel Lawyer for the respondent/State.

Herd on the question of admission.

This petition under section 482 of the Code of Criminal Procedure has been filed against the order dated 24.11.2020 passed by the trial Court

whereby the application filed by the prosecution under section 311 of Cr.P.C. for producing the copy of voter list of the year 2003 has been allowed.

Learned counsel for the petitioner submitted that impugned order is bad in law and cannot be sustained in the eye of law. In support of her submissions, reliance has been placed on the decision rendered in the case of State (NCT of Delhi) Vs. Shiv Kumar Yadav and another, (2016) 2 SCC

402. Perused the entire record and the impugned order. This Court arrives at a conclusion that there is no illegality or perversity in the impugned order.

May the impugned order passed by the trial Court is at last stage of the trial, but under section 311 of Cr.P.C. the Court is empowered to examine any witness before passing the judgment. The witness which is called by the learned trial Court is an important witness and his evidence is relevant with regard to voter list, which is questioned in the case and the same is also supportive for the trial Court for adjudication of the dispute. In the opinion of this Court calling of such a witness does not fall within the process of filling up of lacuna in the case. The above case law referred to by the learned counsel for the petitioner, is not applicable to this case.

Hence, this petition under section 482 of Cr.P.C. is hereby dismissed at motion stage.

                                              (SMT. ANJULI PALO)
                                             2      MCRC-52-2021
                                                JUDGE
                                       RM




Signature Not Verified
  SAN




Digitally signed by RAJESH T MAMTANI
Date: 2021.03.31 17:48:40 IST