PRADEEP SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal revision under Sec. 397, 401 Cr.P.C. has been filed against the order dtd. 07/11/2024 passed by Special Judge (MPDVPK Act) Shivpuri in S.T. No. 10/2020 by which an application filed by applicant under Sec. 311 of Cr.P.C. for summoning Shri Kamal Maurya, Additional S.P. Shivpuri has been rejected.

(2.) It is submitted by counsel for petitioner that during the course of investigation, Shri Kamal Maurya, Additional S.P. had conducted a parallel enquiry under the orders of the then S.P., Shivpuri. Since, he had found that allegations, which are being made by the witnesses are false, therefore, he had exonerated the applicant and, therefore, he is an important witness to prove the innocence of applicant.

(3.) It is submitted that Trial Court has rejected the application primarily on the ground that the trial is pending for the last 4 years and co-accused Veerendra and Devendra are in jail for the last more than 2 years and under the orders of High Court, the trial is to be decided at the earliest. Challenging the aforesaid order, it is submitted by counsel for applicant that early disposal of a case cannot be ground to reject the application. The application should have been decided on merits whereas, it appears that the Trial Court was swayed away by the fact that the case is to be decided as earliest. Per contra, the revision is vehemently opposed by counsel for the state. Heard the learned counsel for the parties.