SHAMBHU SINGH CHAUHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) The appellants before us were prosecution witnesses in Special Sessions Trial No. 30 of 2004 and Sessions Trial No. 15 of 2010. Vide judgment dtd. 8/11/2004, passed in Sessions Trial No. 30 of 2004 by the Vth Additional Sessions Judge, Gwalior and vide judgment dtd. 18/7/2012 passed in Sessions Trial No. 15 of 2010 by the Special Judge (MPDVPK Act1), Gwalior, the accused persons were convicted under various Sec. of the Indian Penal Code, 1860 and the MPDVPK Act. Assailing the conviction, Criminal Appeals were filed by the accused persons before the Madhya Pradesh High Court, which were decided by a common judgment dtd. 25/9/2017 and the accused persons were acquitted of all the charges. 2A. The High Court was of the opinion that some of the prosecution witnesses which include the present appellants before this Court had given a false statement before the trial court and therefore, proceedings were to be initiated against them in accordance with law.

(3.) Aggrieved by these observations, the appellants filed miscellaneous petitions u/s 482 of the Cr.P.C, seeking recall of the same. The High Court dismissed these petitions by a common order dtd. 6/3/2020.