VEER SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present petition under Sec. 482 of the Cr.P.C. has been filed by the petitioner against the order dtd. 25/10/2023 passed by the Special Judge, SC/ST Act, Raghogarh, District Guna, whereby the application under Sec. 311 of the Cr.P.C. preferred at the instance of the petitioner for calling the witnesses has been rejected.

(2.) Precisely stated facts of the case are that on 15/4/2018 a complaint was made by the complainant against the petitioner and other persons stating that complainant alongwith Rohit, Rajesh and Tulsiram went to river for bathing where petitioner alongwith his family members came there and started abusing and beating him with sharp weapons, thereafter they went to the police station Raghogarh where FIR has been lodged vide Crime No.171/2018 for the offence under Ss. 147, 148, 149, 307, 323, 294 of the IPC and Ss. 3(2) (v-a), 3(1)(R) of the Atrocities Act against the petitioner. Another FIR has been lodged at the instance of present petitioner against the complainant vide Crime No.173/2018 registered at Police Station Raghogarh, District Guna for offence under Ss. 294, 323, 324, 506 of 34 of the IPC.

(3.) It is the submission of learned counsel for the petitioner that charge-sheet has been filed by the police in respect of both crime numbers, thereafter, court below took cognizance and trial has been started in both cases. Special Public Prosecutor filed an application under Sec. 311 of the Cr.P.C. for calling the witness which was allowed by the trial court. Present petitioner who is accused in Crime No.171/2018 also filed an application under Sec. 311 of the Cr.P.C. in relation to the cross case vide Crime No.173/2018 for calling some witnesses namely D.P.S. Chauhan (Inspector), Ravindra Chauhan (Sub-Inspector) and Jaynarayan Sharma (Sub-Inspector) who happens to be the important witnesses in their defence. The said application filed by the petitioner and other accused persons is dismissed, therefore, petitioner is before this Court.