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Madhya Pradesh High Court

Laxman vs The State Of Madhya Pradesh on 7 September, 2021

Author: Shailendra Shukla

Bench: Shailendra Shukla

1 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE CRIMINAL REVISION NO.1116 OF 2021 (Laxman vs The State of Madhya Pradesh) Indore, Dated 07.09.2021 Mr. Deepak Tiwari, learned counsel for the applicant. Mr. Hemant Sharma, learned counsel for the non- applicant/State.

Learned counsel for the applicant has preferred this criminal revision against the order dated 24.03.2021, whereby the application of the applicant was rejected he had made a request that the record of the DRM, Kota be called so that he may be able to show that on the date of incident he was working as a Trackman on the railway station Lunirichha and this application has however been rejected by the impugned order and the matter has been listed for leading the defence evidence.

Learned counsel for the applicant submits that the aforesaid document is very important and need to be perused by the trial Court which would prove the defence of the applicant which has been raised by him in his accused statements.

Learned counsel for the State was also heard and he submits that applicant himself has not filed any such application to his Superior Authorities for obtaining the requisite certificate which would prove that he was on duty on the date of incident.

To this, learned counsel for the applicant submits that applicant is in jail throughout and therefore he could not make any such efforts to procure the certificate.

Considered.

2

HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE CRIMINAL REVISION NO.1116 OF 2021 (Laxman vs The State of Madhya Pradesh) The aforesaid document may be required to be perused for rendering justice in the case, however this matter has been listed along with connected matter which pertains to seeking bail. Final disposal of this criminal revision shall be passed after disposing of the connected bail application.

Meanwhile, the trial Court shall not proceed with the trial till the next order by this Court.

This matter be listed along with connected matter on 29.09.2021 at 12:00 pm. A copy of this order be despatched to the trial Court for compliance.

Certified copy as per Rules.

(SHAILENDRA SHUKLA) JUDGE Arun/-

Digitally signed by ARUN NAIR Date: 2021.09.07 19:30:04 +05'30' 3

HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE CRIMINAL REVISION NO.1116 OF 2021 (Laxman vs The State of Madhya Pradesh)