HRIDAYLAL SHAH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has filed present petition under Sec. 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 against the order dtd. 29/11/2025 passed by Vth ASJ, Singrauli District Singauli.

(2.) The concise accounts of the case are that the petitioner along with other co-accused persons has been prosecuted for commission of offences under Ss. 294, 323, 324, 307, 506, 34, 302 of IPC registered at Crime No.859/2021. After due completion of trial, the matter was posted for judgement on 12/9/2025 but on the same day, the prosecution filed an application under Sec. 311 of the Cr.P.C./348 BNSS stating that due to a bonafide mistake, they could not exhibit the DNA report, hence, a prayer was made for recalling of witness i.e. Investigating Officer of the instant case. Said application was allowed by the learned trial Court vide order dtd. 15/9/2025 and accordingly the said witness was recalled and was examined and cross examined.

(3.) Further, on 15/10/2025, the petitioner filed an application under Sec. 311 of the Cr.P.C./348 of BNSS for recalling of witnesses, stating that since new facts regarding the DNA report has come down recently, hence they are required to recall and examine the witnesses. It is further submitted that the trial Court after hearing both the parties decided the application vide its order dtd. 4/11/2025 by dismissing the same. Thereafter, a fresh application was moved before the trial court under Sec. 311 of the Cr.P.C. for consideration as necessary witnesses were not mentioned in earlier application. However, learned trial Court after hearing the arguments and dismissed the same vide order dtd. 29/11/2025. Hence, this petition.