Madhya Pradesh High Court
Ashok Kumar Rana vs The State Of Madhya Pradesh on 4 November, 2022
Author: Sheel Nagu
1
MCrC No.22380 of 2022
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
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BEFORE
HON'BLE SHRI JUSTICE SHEEL NAGU
&
HON'BLE SHRI JUSTICE VIRENDER SINGH
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ON THE 04th OF NOVEMBER, 2022
MISC. CRIMINAL CASE No. 22380 of 2022
Between:-
Ashok Kumar Rama, S/o Late J.P. Rana
aged about 65 years, Occup.: Retd,
R/o 7, Krishna Villa Pachpedi,
Jabalpur (M.P.) ... Petitioner
(BY SHRI AJAY PAL SINGH - ADVOCATE)
AND
State of Madhya Pradesh, through
Special Police Establishment,
Jabalpur (M.P.) ...Respondent
(BY SHRI SATYAM AGRAWAL - STANDING ADVOCATE)
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This petition coming on for admission and I.A. No.7627/2022 &
I.A. No.7978/2022 this day, JUSTICE VIRENDER SINGH
passed the following:
ORDER
Vide this petition under Section 482 of CrPC, the
petitioner assails order dated 29.01.2022 passed by Special
Judge (Prevention of Corruption Act), Katni in Special Case
No.2/2017, rejecting his prayer for recalling witnesses namely
Jeet Singh and Shri Das for further cross-examination.
Signature Not Verified
Signed by: VINOD
VISHWAKARMA
Signing time: 11/7/2022
3:00:32 PM
MCrC No.22380 of 2022
2. The reasons assigned for making such a prayer is that
earlier cross-examination conducted by his counsel was very
superficial and insufficient and since Shri Das, who was
produced to prove prosecution sanction, appeared after lunch-
break of the Court, he could not get proper opportunity to
cross-examine him.
3. By filing two separate applications for recalling of both
the witnesses, the petitioner prayed that now he would cross-
examine Jeet Singh himself whereas no such prayer was made
in respect of witness Shri Das.
4. The trial Court dismissed the prayer observing that
proper and sufficient opportunity of cross-examination of both
the witnesses was granted and was also availed of by the
petitioner, that the application seems to be filed to fill up the
lacuna which is not permissible in law and that it has not been
shown as to on what issues/facts he wants further cross-
examination.
5. The trial Court while passing the impugned order relied
upon the decisions rendered by the High Court of Delhi in
Krishna Kumar vs State (GNCT of Delhi) decided on
21.01.2022 passed in Crl.M.C. No.3422/2021 and Crl.M.A.
No.20081/2021 and by Hon'ble the Supreme Court in
Natasha Singh vs CBI reported as (2013) 5 SCC 741.
Signature Not Verified
Signed by: VINOD
VISHWAKARMA
Signing time: 11/7/2022
3:00:32 PM
MCrC No.22380 of 2022
6. Nothing could be pointed out by the petitioner before
this Court to hold the observation of the ld. trial Court
capricious or arbitrary. On the contrary, perusal of the
impugned order shows that the trial Court was fully justified in
rejecting the prayer and the order does not warrant any
interference by this Court.
7. The judgments relied upon by the petitioner in the cases
of U.T. of Dadra & Haveli vs Fatehsinh Mohansinh
Chauhan reported as (2006) 7 SCC 529 and Sushri Padma
Tamrakar vs State of M.P. : CRR No.3462/2022 decided on
12.10.2022 deal with different fact situation and therefore, are
of no avail to the petitioner.
8. Consequently, the petition fails and is dismissed.
9. Pending I.As, if any, stand closed.
(Sheel Nagu) (Virender Singh)
JUDGE JUDGE
vinod
Signature Not Verified
Signed by: VINOD
VISHWAKARMA
Signing time: 11/7/2022
3:00:32 PM
