Miscellaneous Criminal Case No. 13586/2015. Case: Devki Nandan Dubey and Ors. Vs State of Madhya Pradesh. High Court of Madhya Pradesh (India)
| Case Number | Miscellaneous Criminal Case No. 13586/2015 |
| Counsel | For Appellant: Puneet Shroti, Adv. and For Respondents: Divesh Jain, Government Advocate |
| Judges | C. V. Sirpurkar, J. |
| Issue | Code of Criminal Procedure, 1973 (CrPC) - Sections 227, 482 |
| Judgement Date | October 09, 2015 |
| Court | High Court of Madhya Pradesh (India) |
Order:
C. V. Sirpurkar, J.
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This miscellaneous criminal case has been instituted on an application under section 482 of the Code of Criminal Procedure, is directed against order dated 04-08-2015 passed by the Court of Additional Sessions Judge, Jabalpur in Sessions Trial No. 351/2013, whereby learned Additional Sessions Judge has held that Letter No. 482-B dated 30-07-2006 was merely a covering memo, whereby the disputed documents were sent for examination by Superintendent of Police, Jabalpur, to the Government Examiner of Questioned Documents, Bhopal. Learned Additional Sessions Judge further held that in these circumstances, it cannot be said that copies of all documents filed along with the charge sheet were not made available to the accused persons; therefore, learned defence counsel were directed to argue the matter on the question of charge on the next date of hearing. A prayer has also been made to direct the prosecution to make copies of aforesaid letter and the documents filed therewith to the Government Examiner and in case the prosecution fails to do so, the proceedings be quashed.
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The facts necessary for disposal of this application under section 482 of the Code of Criminal Procedure may briefly be stated thus:
Charge sheet was filed on 20th of May, 2008 against applicants Devki Nandan Dubey, Narendra Awasthy and co-accused Sushil Patel to the effect that they had forged agreement dated 18-03-2003 purportedly signed by complainant Murli Dhar and his son Vinod for sale of agricultural land admeasuring 25 acres, to applicant Devki Nandan Dubey at the rate of Rs. 6,00,000/- per acre. During investigation, it was found that the agreement did not bear the signatures of complainant Murli Dhar and his son Vinod.
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An application was moved on behalf of accused persons that document dated 30-07-2006 on the basis of which handwriting expert had given his opinion, was not made available to the accused persons. In this regard, the Additional Public Prosecutor submitted in writing that Letter dated 30-07-2006 was in fact a memo bearing dispatch No. 482/B/2006 which was sent to the Examiner of Questioned Documents for expeditiously sending his report with regard to the questioned documents sent earlier by covering memo No. 482 of 2006. The Letter No. 482/B/2006 could not be traced after search by the concerned police station.
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However, inviting attention of this Court to the correspondence between the S.P. Jabalpur and Govt. Examiner...
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