MOHAN GUPTA Vs. STATE OF M.P.

JUDGEMENT

(1.) This revision under Section 397/401 of CrPC has been preferred against the order dated 07/2/2020 passed by Fourteenth Additional Sessions Judge, Gwalior in S.T. No. 408/2015 whereby application under Section 311 of CrPC has been rejected.

(2.) The facts in short are that trial for the offences under Sections 381, 387, 465 120-B, 471, 419 and 468/120-B of the IPC is pending at the defence stage before the trial Court. The applicant had filed an application on 19/12/2019 under Section 311 of CrPC whereby the applicant prayed to call for the Branch Manager of Punjab National Bank, Tansen Road Branch, Gwalior along with documents to verify the sample signature etc. The trial Court has rejected the application of the applicant on the ground that the cause has not been mentioned in the application as to why the aforesaid witness along with documents is essential for the just decision of the case.

(3.) Learned counsel for the applicant has submitted that on 13/7/2015 i.e. the date of incident, the applicant had sustained gun shot injury on his leg and due to fall on the rock, his right hand also got injured, therefore, he was not able to sign. Despite, alleged allegation has been made against the applicant. It is apparent from the prosecution's record itself that the applicant's hand was injured and, therefore, he was unable to sign. In support of his submission, learned counsel for the applicant has relied upon the judgment of the Supreme Court passed in the case of P. Sanjeeva Rao vs. State of Andhra Pradesh, [(2012) 7 SCC 56]. Hence, prayed to allow this revision.