Radhe @ Radheshyam Singh Tomar vs The State Of Madhya Pradesh
2023 Latest Caselaw 15844 MP

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              IN THE HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR
                           MCRC No. 39865 of 2023
         (RADHE @ RADHESHYAM SINGH TOMAR Vs THE STATE OF MADHYA PRADESH)

Dated : 25-09-2023
      Shri Mayank Pathak - Advocate for the applicant.

      Shri Shiraj Quraishi - Public Prosecutor for respondent/State.

Counsel for applicant press for bail on the ground that witness Omkar Singh Sikarwar is not turning up for deposition after recording his examination- in-chief on 26.04.2023. He referred different proceedings in this regard. He raised the point of false implication.

Learned counsel for respondent opposed the prayer and fairly submits that prosecution/investigating officer shall take all endeavours to ensure the presence of Omkar Singh Sikarwar (PW/1) for cross-examination on next date of hearing.

This Court has issued certain directions recently in the case of Vijendra Singh Sikarwar vs. State of M.P. & Ors order dated 21.09.2023 passed in M.Cr.C. No.24900/2023 and while relying upon the judgment of Apex Court in the case of Mahendra Chawla and others Vs. Union of India and others reported in 2018 SCC Online SC 2678 (Judgment dated 05.12.2018),

issued directions to pro-actively take steps for witness protection. Investigating Officer and Prosecution Officer are required to ensure the presence of witness Omkar Singh Sikarwar on next date of hearing.

List the case on 18.10.2023.

Let a copy of this order be sent to SSP Gwalior to issue appropriate directions for creation of Whatsapp Group and for ensuring the presence of witness on next date of hearing in case registered vide crime No.271/2022 at

Police Station Inderganj, District Gwalior for offence under Sections 195-A, 34 of IPC.

(ANAND PATHAK) JUDGE

Van

VANDANA VERMA 2023.09.25 15:16:23 +05'30'