K K MISHRA Vs. STATE OF M P

JUDGEMENT

(1.) In this Misc. Criminal Case under section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.' for short) the petitioner/accused has prayed for quashing of the order dated 22.8.2016 (Annexure A-1) and order dated 10.8.2016 (Annexure A-2) passed by learned Special Judge in Criminal Case S.T.No.573/2014, by which the applications moved by the petitioner under section 91 of Cr.P.C., for supplying the documents are rejected.

(2.) The prosecution case, as it appears from the complaint petition in short is that the respondent/complainant is a public prosecutor duly authorized by the Government, has filed a complaint (Annexure A-3) under section 199(2) of Cr.P.C., on 24.6.2016 against the present petitioner for commission of offence under section 500 of IPC, alleging that the petitioner as a spokesperson of a particular political party held a press conference and issued statement regarding large scale irregularities in the selection examination conducted by the Professional Examination Board (in short referred as 'VYAPAM') for recruitment on the post of Transport Constables in the Transport Department, Government of Madhya Pradesh in the year 2013. Allegations were leveled against the Chief Minister and his family members regarding their conduct and role in the recruitment process by which a large number of candidates from Gondia, Maharashtra were got selected in the examination by corrupt means. The imputations which are false to the satisfaction of the Government and also defamatory in nature and made in order to malign the public image and reputation of Chief Minister. After preliminary enquiry learned Additional Sessions Judge registered the criminal case under section 500 of IPC against the petitioner and trial is being conducted following the procedure as enumerated under section 237 of Cr.P.C.

(3.) During trial the prosecution has examined a witness Mr.Sanjay Choudhary, erstwhile Transport Commissioner as P.W.3 and at the time of examination-in-chief on 6.5.2016, the said witness produced the complete files (marked as Articles separately by Court) pertaining to every student selected in the Transport Constable Examination and prosecution has exhibited only the domicile certificates of every student, and not all the other documents which are filed by the candidates alongwith their applications.