Anjani Saket vs The State Of Madhya Pradesh
2025 Latest Caselaw 11052 MP

Madhya Pradesh High Court

Anjani Saket vs The State Of Madhya Pradesh on 12 November, 2025

          NEUTRAL CITATION NO. 2025:MPHC-JBP:57012




                                                                1                         MCRC-50489-2025
                              IN     THE          HIGH COURT OF MADHYA PRADESH
                                                        AT JABALPUR
                                                          BEFORE
                                         HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
                                                   ON THE 12 th OF NOVEMBER, 2025
                                               MISC. CRIMINAL CASE No. 50489 of 2025
                                                    ANJANI SAKET AND OTHERS
                                                              Versus
                                                  THE STATE OF MADHYA PRADESH
                           Appearance:
                                  Shri Manish Datt - Senior Advocate with Shri Rakesh Dwivedi - Advocate
                           for the petitioners.
                                  Shri Anoop       Sonkar   -   Deputy   Government Advocate        for   the
                           respondent/State.

                                                                ORDER

By the instant petition filed under Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023, the petitioners are challenging the order dated 29.10.2025 (Annexure-A/12) passed by the Court of Third Additional Sessions Judge, Devsar, District Singrauli, whereby an application preferred by them under Section 165/169 of the Indian Evidence Act was rejected by the trial Court.

2. Learned Senior Advocate appearing for the petitioners has submitted that

though the reports of CT Scan (Ex.P/51 and Ex.P/52) were exhibited, but the doctor who conducted the scanning namely Dr. Mukesh Kumar Sharma, has yet not been examined. It is submitted that as a defence witness, when the said doctor was called, then no such clinic was reported to be found and even the report reveals that Dr. Mukesh Kumar Sharma was never posted in Shreeji Health Care Center, Jabalpur.

3. Learned Senior Advocate has also brought a fact to the notice of this

NEUTRAL CITATION NO. 2025:MPHC-JBP:57012

2 MCRC-50489-2025 Court that in the statement, Dr. Pujendra Prajapati had admitted that he did not refer the patient, CT scan report was submitted to him by the police officer whereas the police officer namely Rajesh Pratap Singh Parihar (PW/11) had submitted that he did not bring the report from Shreeji Health Care Center. The victim/accused had brought and given the CT Scan report to him. It is submitted that Dr. Mukesh Kumar Sharma has yet not been examined by the prosecution, hence, the documents in question are highly doubtful. On that basis, it is submitted that a direction be issued that the documents (Ex.P/51 and Ex.P/52) are forged as not proved in accordance with law and those be discarded while passing the judgment.

4. Heard the submission of learned counsel for the petitioners and perused the record.

5. On earlier two occasions, this matter has already been dealt with by this Court, hence, it is for the trial Court to decide whether the documents in question have properly been proved or not. While passing the judgment, the trial Court shall also take into consideration the statements of Dr. Pujendra Prajapati, the Investigating Officer and the fact that Dr. Mukesh Kumar Sharma is not traceable.

6. With the aforesaid, the petition filed by the petitioners stands disposed of.

(DEVNARAYAN MISHRA) JUDGE

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