ANCHAL TIWARI Vs. STATE OF M. P.

JUDGEMENT

(1.) This petition has been filed by the petitioner being aggrieved by the order dated 10.08.2018 passed by the Second Additional Sessions Judge, Itarsi in Criminal Revision No. 10/2018, arising out of the order dated 16.05.2018 passed by the Judicial Magistrate First Class, Itarsi, District Hoshangabad in RCT No. 401001/2015.

(2.) Brief facts of the case are that on the complaint filed by the petitioner/complainant, a charge-sheet has been filed against the respondent Nos. 2 to 5 and charges under Sections 294, 323, 323 r/w 34, 324, 324 r/w 34 and 506-II of the Indian Penal Code have been framed by the trial Court. During trial, the petitioner/complainant had moved an application under Section 302 of Cr.P.C. and got permission to assist the prosecution. Subsequently, he filed an application under Section 91 of the Cr.P.C. for production of additional document, which has been dismissed by the trial Court on 16.05.2018 on the ground that the counsel for the complainant has no locus standi to file such an application. Against the said order, the petitioner/complainant filed a revision before the Court of Second Additional Sessions Judge, Itarsi which has been dismissed on the ground that revision is not maintainable against any interlocutory order.

(3.) The petitioner/complainant has challenged both the aforesaid orders contending that they are arbitrary, illegal and erroneous. The documents are relevant for the complete adjudication of the case. The complainant, as a victim, could not have been deprived from bringing the documents on record merely on technicalities. Hence, he has prayed to quash the impugned orders and the documents be taken on record.