LAWS(MPH)-2000-10-2

NARAIN SINGH Vs. STATE OF MADHYA PRADESH

Decided On October 17, 2000
NARAIN SINGH Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) Heard. This petition under S. 482, Cr. P.C. has been filed by the applicant being aggrieved by the impugned order dated 28-8-2000 whereby the application moved under S. 311, Cr. P.C. by the prosecution has been allowed.

(2.) The application was filed on the ground that the statement of Naib Tehsildar namely Sanjeev Saxena, who had got the identification parade conducted with respect to accused and prepared the identification memo, could not be recorded and as such the said memo could not be exhibited. The prayer was therefore made for calling this witness. The prayer was further made for recalling the witnesses Kamta Prasad and Krishna Bai, who participated in the identification parade and identified the accused, for the evidence.

(3.) The learned trial Court after considering the entire material on record and the facts and circumstances in great detail has found that in the ends of justice, the summoning of witness for recording evidence is just and proper.