MUKESH TIWARI Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant/accused has preferred revision under Section 397 r/w 401 of Cr.P.C. being aggrieved of order dated 18.01.2018 passed by Special Judge (Lokayukta) Jabalpur in Special Case No.09/2015 whereby the right of the cross examination of the prosecution witness No.8 namely Prabhat Shukla has been closed.

(2.) The applicant is facing a trial under Sections 7, 13(1)(d) and 13(2) of Prevention of Corruption Act, before the Court of Special Judge, (Lokayukta) Jabalpur, wherein the prosecution witnesses are being examined. The trial Court recorded examination-in-chief of one of the prosecution witness Prabhat Shukla (PW-8) on 13.09.2017 and adjourned case on request of accused deferring the cross examination of the witness. Thereafter, on 09.11.2017 the witness (PW-8) was present before the Court but the case was adjourned on the request of accused. On 18.01.2018 the witness (PW-8) was present but the accused prayed for adjournment on the ground that his senior counsel was not available as he had gone out of town due to some urgent work. The trial Court rejected the prayer and closed the right of cross-examination of the witness by passing the impugned order.

(3.) It is argued by the learned counsel that PW-8 is an important witness who has conducted the investigation and filed the charge sheet, therefore, his cross-examination is very important to challenge the authenticity of investigation and veracity of statement of other prosecution witnesses.