Madhya Pradesh High Court
Sachin Sonkar vs The State Of Madhya Pradesh on 15 April, 2025
Author: Achal Kumar Paliwal
Bench: Achal Kumar Paliwal
NEUTRAL CITATION NO. 2025:MPHC-JBP:17593
1 MCRC-15981-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL
ON THE 15 th OF APRIL, 2025
MISC. CRIMINAL CASE No. 15981 of 2025
SACHIN SONKAR
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Alok Vagrecha - Advocate for the petitioner.
Shri Pramod Kumar Pandey - GA for the State.
ORDER
With the consent of the parties, heard finally at motion stage.
Present M.Cr.C. has been filed by the applicant under Section 482 of
Cr.P.C./528 of BNSS challenging the order dated 29.3.2025 passed by trial Court,
whereby petitioner's application under Section 311 of Cr.P.C. for re-calling the
Investigating Officer Rajesh Dubey has been dismissed.
Learned counsel for the petitioner submits that Division Bench of this Court
vide order dated 17.3.2025 passed in Cr.A.No.2435/2019 (Sachin Sonker Vs.
State of M.P.) set-aside the judgment dated 28.2.2019 passed by XVIII Additional
Sessions Judge, Jabalpur in S.T. No.1800360/2012 and remanded the case back to
trial Court with following directions-
"The matter is remanded to the learned XVIII Additional
Sessions Judge, Jabalpur for the limited purpose, namely,
(1) mark the exhibit on the said F.S.L. report and give
opportunity of explanation under Section 313 of Cr.P.C. and
if occasion arises then permit the appellant to adduce
evidence in defence and further cross-examine the
Investigating Officer if the need being only on the aspect of
NEUTRAL CITATION NO. 2025:MPHC-JBP:17593
2 MCRC-15981-2025
F.S.L. report dated 24.4.2013"
Learned counsel for the petitioner further submits that there are two
Investigating Officers. One is Samarjeet Singh and another one is Rajesh Dubey
and trial Court after remand, examined Samarjeet Singh. But trial Court did not
allow the petitioner's application for re-examination of another Investigating
Officer Rajesh Dubey. It is also urged that it is Investigating Officer, Rajesh
Dubey, who has made seizure etc. and has primarily done the investigation.
Therefore, in view of observations made by Division Bench of this Court, re-
examination of Investigating Officer Rajesh Dubey was necessary. Therefore,
learned trial Court has committed illegality in not allowing the petitioner's
application for re-calling Investigating Officer Rajesh Dubey. Hence, petition
filed by the petitioner be allowed and Investigating Officer Rajesh Dubey be
called for re-examination.
Learned counsel for the State submits that there is no illegality in the order
passed by the trial Court. Hence, petition filed by the petitioner be dismissed.
Heard. Perused the record of the case.
Perusal of record of the case reveals that Division Bench of this Court in
Cr.A.No.2435/2019 (Sachin Sonker Vs. State of M.P.) has set-aside the judgment
dated 28.2.2019 passed by XVIII Additional Sessions Judge, Jabalpur in S.T.
No.1800360/2012 and remanded the case back to trial Court with following
directions-
"The matter is remanded to the learned XVIII Additional
Sessions Judge, Jabalpur for the limited purpose, namely,
(1) mark the exhibit on the said F.S.L. report and give
opportunity of explanation under Section 313 of Cr.P.C. and
NEUTRAL CITATION NO. 2025:MPHC-JBP:17593
3 MCRC-15981-2025
if occasion arises then permit the appellant to adduce
evidence in defence and further cross-examine the
Investigating Officer if the need being only on the aspect of
F.S.L. report dated 24.4.2013"
Evidently, there are two Investigating Officers , one is Samarjeet Singh
and another one is Rajesh Dubey. It is also evident from the record of the case that
it is Rajesh Dubey, who had seized bullets etc.. Therefore, in this Court's
considered opinion, in the light of observations made by Division Bench of this
Court in aforesaid para with respect to re-examination of Investigating Officer, re-
examination of Investigating Officer Rajesh Dubey is necessary.
Hence, petition filed by the petitioner is allowed and impugned order dated
29.3.2025, so far as it relates to dismissal of petitioner's application under Section
311 of Cr.P.C., is set-aside and learned trial Court is directed to re-call the
Investigating Officer Rajesh Dubey and to allow both the parties i.e. Prosecution
as well as defence, to examine Investigating Officer Rajesh Dubey, on the points
as mentioned by the Division Bench in aforesaid para.
Parties are directed to appear before the trial Court on 16.4.2025.
Accordingly, this petition is allowed and disposed off.
Certified copy today.
(ACHAL KUMAR PALIWAL)
JUDGE
Hashmi
