Chetan vs The State Of Madhya Pradesh
2023 Latest Caselaw 1016 MP

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                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                     BEFORE
                                     HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                               ON THE 17 th OF JANUARY, 2023
                                            CRIMINAL REVISION No. 150 of 2023

                           BETWEEN:-
                           CHETAN S/O SHRI SURESHCHADRA CHANDANA, AGED
                           ABOUT 26 YEARS, OCCUPATION: SERVICE R/O NEAR
                           MATA MANDIR MANGLIYA NAYAPURA TEHSIL HATOD
                           DIST. INDORE (MADHYA PRADESH)

                                                                                           .....PETITIONER
                           (BY SHRI DEVDEEP SINGH - ADVOCATE FOR THE PETITIONER)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER    THROUGH POLICE STATION   HATOD
                           DISTRICT INDORE (MADHYA PRADESH)

                                                                                         .....RESPONDENT
                           (BY SHRI GOVIND RAI PUROHIT - G.A FOR THE STATE)

                                 This revision coming on for admission this day, th e court passed the
                           following:
                                                               ORDER

The present revision petition is filed under Section 397 read with Section 401 of the Cr.P.C, being aggrieved by the order of rejection of application filed by the applicant u/S 231(2) of the Cr.P.C passed by 17th Additional Sessions Judge in Sessions Trial No. 123/2021 vide judgment dated 20/12/2022 .

The petitioner is an accused and he has been tried for offence under Section 498(A) and 306 IPC.

According to the prosecution story the wife of the applicant had committed suicide on 16/11/2020 at his residence by hanging and applicants Signature Not Verified Signed by: PRAMOD KUSHWAHA Signing time: 17-01-2023 18:08:44

older brother informed the Police. On the basis of that the investigation was carried out and the charge-sheet was filed. The petitioner filed an application under Section 231(2) of the Cr.P.C for deferring the cross-examination of the witnesses namely Ramvatibai, Jagdish, and Balram after the examination in chief. The said application has been rejected by the Trial Court mainly on the ground that the applicant has not earlier filed the application when the prosecution witness Ramvati appeared.

Counsel for the applicant submits that the next date for recording the evidence of the prosecution witnesses is fixed on 30/1/2023. It is further submitted that if the applicant cross-examines the witnesses one by one, his

defence will be disclosed and the same may prejudice his defence.

Counsel for the State supports the impugned order. After hearing learned counsel for the parties and taking into consideration the provisions of Section 231(2) which provides that the Judge may in his discretion permit the cross-examination of any witness to be deferred until any other witness or witnesses has been cross-examined or recall any witness for further cross-examination, I am of the view that no prejudice would be caused to the prosecution if the applicant is permitted to cross-examine the aforesaid witnesses after recording their examination in chief.

Accordingly, the revision is allowed, the impugned order so far rejecting the application under Section 231(2) of Cr.P.C is concerned, is set aside. The Trial Court shall permit the applicant to cross-examine the prosecution witnesses Ramwati Bai, Balram and Jagdish after the examination in chief of these witnesses.

With the aforesaid, the Revision Petition is allowed and disposed off.

Signature Not Verified Signed by: PRAMOD KUSHWAHA Signing time: 17-01-2023 18:08:44

(VIJAY KUMAR SHUKLA) JUDGE Pramod

Signature Not Verified Signed by: PRAMOD KUSHWAHA Signing time: 17-01-2023 18:08:44