KAILASH CHANDRA Vs. STATE OF M.P.

JUDGEMENT

(1.) The present petition has been filed by the petitioner under Section 482 of Cr. P. C being aggrieved by the order passed by the Special Judge (P. C. Act), Mandleshwar, District Khargone in special case No. 1/2013 on 7. 8. 2019, rejecting the prayer to call the defence witnesses as per the list.

(2.) The undisputed facts are that a case under Section 13(1)(E) , 13(2) of the Prevention of Corruption Act (hereinafter referred as 'the P. C. Act ) was instituted against the petitioner on 3. 9. 2006.

(3.) The petitioner submits that while, he was posted as Executive Engineer in PHE Department, the Lokayukt Police conducted a raid in the year 2002 and during the investigation, the petitioner had submitted documents which were overlooked by the Investigating Agency which would have explained possession of the properties movable as well as immovable shown to be disproportionate to his known sources of income to the tune of Rs. 74,05,690/-. As per the Investigating Agency, the petitioner had earned Rs. 34,64,523/- from his known source of income whereas, he has spent Rs. 1,08,70,213/-. After the completion of the prosecution evidence, the petitioner at the stage of accused statement submitted a detailed chart of his income from legal sources. Thereafter, he was asked to enter his defence as contemplated under Section 243 of Cr. P. C. The petitioner submitted a detailed list in his defence showing the documents to be proved along with the list of witnesses showing as to which witness would verify the documents, but the trial court vide impugned order ignored the list and allowed only three witnesses from the list of 187 witnesses. Such rejection is illegal and against the constitutional right granted to a petitioner under Article 21 of the Constitution of India. While rejecting the prayer of the petitioner, the trial court failed to appreciate the fact that unless the original documents are brought before the court, the photocopies would not be admissible in evidence, that the order of the trial court shown a total non- application of mind while rejecting the prayer to call the documents and witnesses and it has been prayed that in the interest of justice, the petition be allowed and the learned trial court be directed to examine and call the documents as stated in the annexed list.