RAMESH SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Code of Criminal Procedure, against the order dated 04.09.2019 passed by First Additional Sessions Judge and Special Judge, (PC Act) Bhind in Case No. 02/2019 SST, whereby the application filed under Section 91 of CrPC preferred by the petitioner has been partly rejected.

(2.) The facts of the present case pertain to demand of bribe by the petitioner from complainant Deshraj Singh Tomar for issuing character certificate, in regard to which Special Sessions Trial No.02/2018 is pending before First Additional Sessions Court and Special Court (Prevention of Corruption Act), District Bhind.

(3.) During the course of trial, after examination of accused under Section 313 of CrPC, an application under Section 91, CrPC, was filed by the petitioner for summoning/production of some crucial documents before the trial Court, which are in possession of the prosecution. The trial Court partly allowed the application and directed for summoning of the documents mentioned in para 1 to 5 of the application, but declined to summon the document mentioned in para 6 of the application, whereby the petitioner wanted to get summoned the copy of circulars/rules/legal provisions, in terms whereof the prosecution has deleted and destroyed the original evidence, i.e., alleged conversation recorded in voice recorder during the pendency of the trial.