Sajib Khan @ Khanna vs The State Of Madhya Pradesh
2022 Latest Caselaw 13873 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                        CRR No. 3074 of 2022
                                          (SAJIB KHAN @ KHANNA Vs THE STATE OF MADHYA PRADESH)

                         Dated : 27-10-2022
                                 Shri Arun Kumar Paterya, learned counsel for the applicant.

                                 Shri   Ramadhar     Choubey,     learned   Public    Prosecutor   for   the
                        respondent/State.

The present petition under Section 397/401 of the Cr.P.C. has been filed by the petitioner against the order dated 02.08.2022 passed by the X Additional Sessions Judge, Gwalior in case No.424/2020, whereby application filed by the

petitioner has been dismissed.

It is the grievance of the counsel for the petitioner that he moved an application for calling the forensic expert on 25.04.2022 and same was pending consideration for long, but thereafter, decided vide order dated 02.08.2022. Since DNA report came at later stage of trial and he had a very little time to move the said application, counsel wants to examine the said forensic expert because matter is of circumstantial evidence and no last seen evidence exists in the matter, therefore, mainly hinges upon DNA report.

List the matter on 01.11.2022.

Till next date of hearing only, judgment in the matter shall not be delivered by the trial court.

(ANAND PATHAK) JUDGE

Rashid

RASHID KHAN 2022.10.28 11:14:12 +05'30' 11.0.8