Madhya Pradesh High Court
Mohan Jat vs The State Of Madhya Pradesh on 13 November, 2025
NEUTRAL CITATION NO. 2025:MPHC-JBP:57286
1 MP-5006-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK JAIN
ON THE 13th OF NOVEMBER, 2025
MISC. PETITION No. 5006 of 2025
MOHAN JAT AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Rohan Harne - Advocate for the Petitioner.
Shri Amit Mishra - Panel Lawyer for the Respondent No.1/State.
ORDER
The present Petition has been filed challenging the Order dated
08.08.2025 whereby the Trial Court has rejected the application under
Section 230 B.N.S.S. on the ground that the documents relied upon by the
investigating agency i.e, Police have already been supplied alongwith the
Challan by supplying all the documents which have been relied by the Police
in the Challan/Charge sheet.
2. Learned counsel for the Respondent has referred to para 3 of the
submissions made before this Court vide Document No.17360/2025 that only
those documents have been made part of the Challan which support the case
of the prosecution and if there are any other documents in the defence of the
Petitioner, he can file the same.
3. The aforesaid assertion is contrary to the judgment of the Division
Bench of this Court in Writ Petition No.7332/2025 wherein the Division
NEUTRAL CITATION NO. 2025:MPHC-JBP:57286
2 MP-5006-2025
Bench has held that inculpatory as well as exculpatory material has to be
provided. The Division Bench has held as under:-
"2. In exercise of the powers conferred by Article 227 of the
Constitution of India, read with Section 477 of the Criminal
Procedure Code, 1973 (2 of 1974), the High Court of Madhya
Pradesh made the following amendments in the Madhya Pradesh
Rules and Orders (Criminal) in pursuance to order passed by the
Hon'ble Supreme Court in Suo Moto Writ Petition (Cri.)
No.1/2017 In Re: To Issue Certain Guidelines Regarding
Inadequacies and Deficiencies in Criminal Trials. Rule 117-A
reads as under:
"117-A, Supply of documents under sections
173, 207 and208 of Cr.P.C., 1973- Every
Accused shall be supplied with statements of
witness recorded under Sections 161 and 164
Cr.P.C., 1973 and a list of documents,
material objects and exhibits seized during
investigation and relied upon by the
Investigating Officer (J.O)in accordance with
Sections 207 and 208, Cr.P.C., 1973.
[Explanation: The list of statements,
documents, material objects and exhibits
shall specify statements, documents, material
objects and exhibits that are not relied upon
by the Investigating Officer]."
3. In view of the averments made by the counsel for the
petitioner, we hereby dispose of the petition directing the
Government of M.P. to ensure that the case diary as well as the
charge sheet filed under Section 193 BNSS contains all the
evidence/statement/material inculpatory as well as exculpatory in
NEUTRAL CITATION NO. 2025:MPHC-JBP:57286
3 MP-5006-2025
nature. Further we direct the respondents to ensure compliance of
Rule 117-A of this Court in toto, by way of supplying (under
section 230 and 231 of the BNSS), all the material inculpatory as
well as exculpatory, collected during the course of investigation to
the accused before commencement of his trial in terms of Rule
117-A.
4. To this effect, the Director General of Police, Madhya
Pradesh, shall issue necessary orders/instructions to field officers
within a week from today ensuring compliance of Rule 117-A and
directions contained in this order."
4. Therefore, the impugned Order Annexure P-4 dated 08.08.2025 is
set aside to the extent of rejection of application under Section 230 B.N.S.S.
The Trial Court is directed to decide the application afresh by taking note of
para 3 of judgment of the Division Bench in Writ Petition No.7332/2025.
5. With the aforesaid direction, the Petition is allowed.
(VIVEK JAIN)
JUDGE
veni
