RAJESH SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Code of Criminal Procedure, against the order dated 21.10.2019 passed by First Additional Sessions Judge & Special Judge, Gwalior, whereby the application filed under Section 91 of Cr.P.C. preferred by the petitioner has been rejected.

(2.) The facts of the present case pertain to demand of bribe by the petitioner from complainant Narayan Singh Baghel for getting demarcation of land. The transcript of voice recorder and CD were prepared, which were sent to Central Forensic Science Laboratory, Chandigarh for voice test. On 26.7.2019 the petitioner submitted an application before the Trial Court and prayed for taking CD on record along with transcript, so that conversation of complainant Narayan Singh on whats app may be proved and the petitioner be granted opportunity to cross-examine the complainant in respect of the aforesaid conversation on whats app. The Trial Court has rejected the application finding it inappropriate. Against which, the petitioner has preferred the present petition under Section 482 of Cr.P.C.

(3.) It is submitted by learned Counsel for the petitioner that the impugned order is illegal, arbitrary and contrary to law, therefore, deserves to be set aside. The Trial Court has not looked into the controversy involved in the matter. It is further argued that the merit of the matter is not required to be seen, what is required to be seen is the probability of commission of the offence and prayed that the document be called under Section 91 of Cr.P.C.