Vasudev vs The State Of Madhya Pradesh
2022 Latest Caselaw 4709 MP

THE HIGH COURT OF MADHYA PRADESH CRR No.1729/2021 (VASUDEV & ORS. VS. STATE OF M.P.)

Gwalior, Dated : 01/04/2022

Shri Mahesh Goyal, learned counsel for the applicants.

Smt. Anjali Gyanani, learned counsel for the State.

This revision under Sections 397 r/w 401 of Cr.P.C. has been

filed against the order dated 17/03/2020 passed by First Additional

Sessions Judge, Jaura, District Morena in S.T.No.28/2020, by which

the application filed by the applicants under Section 91 of Cr.P.C. has

been dismissed.

Before adverting to the facts of the case, it is suffice to mention

here that the applicants had filed an application under Section 91 of

Cr.P.C. even prior to the framing of charges.

In the light of the judgment passed by the Supreme Court in the

case of State of Orissa Vs. Debendra Nath Padhi reported in

(2005) 1 SCC 568, an application under Section 91 of Cr.P.C. is not

maintainable at the stage of framing of charges, as the defence of the

applicants cannot be taken into consideration at the said stage.

However, the co-accused can always move a similar application at an

appropriate stage for proving his defence. It is submitted that in the

impugned order, this liberty has not been granted to file a similar

application at the stage of his defence.

Per contra, the revision is vehemently opposed by the counsel

for the State.

THE HIGH COURT OF MADHYA PRADESH CRR No.1729/2021 (VASUDEV & ORS. VS. STATE OF M.P.)

Heard the learned counsel for the parties.

Considering the submissions made by the parties as well as

considering the fact that the application filed by the applicants under

Section 91 of Cr.P.C. was pre-matured in time, therefore, it is

observed that the applicants can move a similar application at the

stage of their defence and the said application shall be decided in

accordance with law without getting influenced or prejudiced by the

impugned order dated 17/03/2020 because the application has not

been dismissed on merits, but it has been dismissed as pre-mature.

With aforesaid observation, the revision is finally disposed of.

                                                                     (G.S. Ahluwalia)
Pj'S/-                                                                     Judge

         Digitally signed by
         PRINCEE BARAIYA
         Date: 2022.04.01
         16:51:38 -07'00'