MANISH SINGH Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner preferred this petition under Section 482 of Cr.P.C for setting aside the order dated 24.7.2017 passed by the Session Judge-Anuppur in Session Trial No.51/2016, wherein the application filed by the petitioner/accused under Section 311 of Cr.P.C has been disallowed.

(2.) The prosecution case, in brief, is that the applicant is facing trial for offence under Section 3 , 4 & 5 of the Explosive Act, 1908. During the course of the evidence, the application under Section 311 of Cr.P.C has been filed by the accused/petitioner stating that due to inadvertent mistake, the learned counsel for the accused/petitioner could not put any question to the I.O. with regard to Kirayanama (rent deed) by which the petitioner rented out the crusher machine to one Anjani Singh. Therefore, it is requested to recall witness PW/9 S.K.Gupta, the I.O. in the present case, to record his statement.

(3.) Petitioner claims that the question ought to have been asked to the I.O. could not be asked and if the opportunity is not provided to the petitioner to ask such questions, petitioner will be deprived of his valuable right.