S K SINGHAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard Shri Jaisingh, counsel for the petitioner. Shri S. H. Sen, Dy. G.A. for the State of M.P. Perused the order, impugned.This petition is finally decided for the purpose of avoiding obstruction to the trial.

(2.) It is the prayer of the applicant that Court should give directions to, the witness Vijay Kumar (complainant) to bring some documents which are in his possession and control which are connected with the trial of the petitioner and his defence in it. Learned counsel for the petitioner submitted that those documents were relevant and necessary for the trial, however, when the prayer was made for issuing directions to the said witness Vijay Kumar to bring those documents at the time of his evidence, the Court rejected his prayer by observing that the petitioner-accused may make a prayer for calling those documents to be produced in the Court in his defence through defence witness.

(3.) Shri Jaisingh submitted that those documents are necessary at the time of evidence of complainant Vijay Kumar because those documents would be required for confronting complainant Vijay Kumar at the time of his cross-examination. According to Shri Jaisingh, if those documents are not shown to complainant Vijay Kumar in his cross-examination, a serious prejudice would be caused to the petitioner-accused. He argued further that if these documents are produced in the Court in defence of the petitioner the effect of forceful cross-examination would not be available to the petitioner. Shri Jaisingh argued further that those documents are very much necessary for the purpose of trial and, therefore, trial Court should be directed to issue direction to Vijay Kumar to bring those documents in the Court at the time of cross-examination.