SANJAY KHADIWALA Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS Criminal Revision under section 397 of Cr.P.C. is directed against the order dated 08.02.2015 passed by learned Special Judge, Indore in Sessions Trial No.397/2009.

(2.) BY the impugned order, learned Special Judge dismissed the application filed on behalf of the accused Sanjay and Sharad for calling a witness from the office of Sub Registrar. It was mentioned in the application that earlier, the person, who appeared along with the register of the office, brought wrong register from the office and, therefore, his evidence could not be recorded on that date and now by application, the accused prayed that correct record should be called for.

(3.) LEARNED Additional Sessions Judge referring to an order dated 08.01.2015 observed that on that date, witness Mardan Singh Rawat was present before the Court alongwith register, however, counsel for the accused Shri Markan expressed that he did not want to adduce any evidence on that document and, therefore, witness was released and on this premise, the Judge observed that assertion of the accused that on that date witness brought a wrong register before the Court was not acceptable. The Court also observed that earlier also on 29.12.2014, the witness was present but he was not examined. The applicant has filed certified copy of the order -sheet which includes the order -sheet of 29.12.2014 and 08.01.2015.