Madhya Pradesh High Court
Shahnawajuddin Sheikh @ Chhanu vs The State Of Madhya Pradesh on 15 March, 2024
Author: Prem Narayan Singh
Bench: Prem Narayan Singh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
ON THE 15 th OF MARCH, 2024
CRIMINAL REVISION No. 1188 of 2024
BETWEEN:-
SHAHNAWAJUDDIN SHEIKH @ CHHANU S/O
ANWARUDDIN SHEIKH, AGED ABOUT 55 YEARS,
OCCUPATION: AGRICULTURE R/O VILLAGE JHIRNIYA
POST HATHAI TEHSIL NAGDA DISTT. UJJAIN (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI ASHUTOSH SURANA, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH STATION
HOUSE OFFICER THROUGH POLICE STATION
NAGDA DISTT. UJJAIN (MADHYA PRADESH)
2. RUBABUDDIN SHEIKH S/O ANWARUDDIN
SHEIKH, AGED ABOUT 53 YEARS, OCCUPATION:
AGRICULTURE VILLAGE, JHIRNIYA, POST
HATHAI, TEHSIL NAGDA DIST. UJJAIN (MADHYA
PRADESH)
3. NAYABUDDIN SHEIKH S/O ANWARUDDIN
SHEIKH, AGED ABOUT 50 YEARS, OCCUPATION:
AGRICULTURE VILLAGE, JHIRNIYA, POST
HATHAI, TEHSIL NAGDA DIST. UJJAIN (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI SURENDRA GUPTA, GOVERNMENT ADVOCATE)
This revision coming on for admission this day, th e court passed the
following:
ORDER
1. This revision has been preferred by the petitioner under Section 397 Signature Not Verified read with Section 401 of the Code of Criminal Procedure, 1973 being Signed by: VINDESH RAIKWAR Signing time: 3/19/2024 5:56:47 PM 2 crestfallen by the order dated 24.02.2024 passed by the learned Additional Sessions Judge, Nagda District Ujjain in Criminal Appeal No. 10/2023.
2. Learned counsel for the petitioner has contended that the learned trial Court has passed an erroneous order stating that the documents are related to Crime No. 55/2009 whereas the documents placed before this Court are also related to Crime No. 62/2009 against which the appeal was filed by the State. As such, the application under Section 391 of Cr.P.C. was wrongly rejected. The order of the learned trial Court is suffering from infirmity and illegality, hence, he prayed that the order of trial Court is required to be to set aside.
3. Learned Government Advocate for the respondent has opposed the prayer and prayed for its rejection. Certainly, produced documents are related to the offence of Crime No. 62/2009 but these documents should be placed before the trial Court and reasons for not producing the same before the trial Court, are not satisfactory. Therefore, on these grounds, application filed by the petitioner may be rejected.
4. In view of the rival submissions of counsel for both parties, having gone through the record and copy of the documents, it is clearly evident that para Nos. 10 and 13 of the CID report, are related to Crime No. 62/2009 alongwith Crime No. 55/2009. Accordingly, these documents appear to be essential for the just decision of the case. As such the order of learned trial Court is suffering from infirmity and illegality.
5. Hence, the present petition is allowed and learned trial Court concerned is directed to consider the application afresh in view of the aforesaid observations.
6. Accordingly, the present Criminal Revision No. 1188/2024 stands Signature Not Verified Signed by: VINDESH RAIKWAR Signing time: 3/19/2024 5:56:47 PM 3 disposed of.
(PREM NARAYAN SINGH) JUDGE Vindesh Signature Not Verified Signed by: VINDESH RAIKWAR Signing time: 3/19/2024 5:56:47 PM