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Madhya Pradesh High Court

The State Of Madhya Pradesh vs Amir @ Annu on 1 April, 2025

Author: Achal Kumar Paliwal

Bench: Achal Kumar Paliwal

          NEUTRAL CITATION NO. 2025:MPHC-JBP:15810




                                                               1                          CRR-3029-2018
                              IN     THE       HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        BEFORE
                                      HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL
                                                   ON THE 1 st OF APRIL, 2025
                                               CRIMINAL REVISION No. 3029 of 2018
                                               THE STATE OF MADHYA PRADESH
                                                           Versus
                                                 AMIR @ ANNU AND OTHERS
                           Appearance:
                                   Shri Ravendra Shukla- Deputy Government Advocate for the
                           petitioner/State.
                                   None for the respondents.

                                                                   ORDER

This criminal revision has been filed against order dated 06.02.2018 passed by Ist Additional Sessions Judge, Seoni in S.T. No.1300049/2016 (The State of Madhya Pradesh Vs. Amir @ Annu and Others ) whereby, petitioner's application for taking on record Bed Head Ticket has been dismissed.

2. Learned counsel for the petitioner/State submits that when charge-

sheet was filed before the trial Court, then, on account of law and order situation, Bed Head Ticket could not be filed along with charge-sheet. Before trial Court, an application was filed for taking on record Bed Head Ticket but learned trial Court dismissed the said application and did not take on record the Bed Head Ticket. It is also urged that Bed Head Ticket is a material document, which needs to be taken on record. Learned counsel for Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 02-04-2025 10:16:06 NEUTRAL CITATION NO. 2025:MPHC-JBP:15810 2 CRR-3029-2018 the petitioner/State further submits that trial Court cannot refuse to take on record Bed Head Ticket just on the ground that it was not produced along with the charge-sheet. Therefore, petition filed by the petitioner be allowed and impugned order passed by the trial Court be set aside and Bed Head Ticket filed by the petitioner be taken on record.

3. Heard and perused record of the case.

4. This Court has examined submissions of learned counsel for the petitioner/State in the light of documents available on record.

5. It is correct that Bed Head Ticket was not filed along with the charge-sheet but in this Court's considered opinion, solely on aforesaid ground, petitioner's application could not have been dismissed. In appropriate cases, prosecution can file application for taking on record additional documents. The reason assigned by the petitioner for not annexing Bed Head Ticket along with the charge-sheet, appears to be reasonable. Learned counsel for the petitioner has submitted that as law and order situation was critical and Investigating Officer was busy in maintaining the law and order situation, therefore, he could not obtain Bed Head Ticket from the Hospital and could not attach it along with the charge-sheet.

6. In view of aforesaid, in this Court's considered opinion, learned trial Court has committed material illegality in not allowing petitioner's application for taking on record Bed Head Ticket.

7 . Hence, petition filed by the petitioner is allowed and impugned order dated 06.02.2018 passed by the trial Court is set aside and trial Court is directed to take on record the Bed Head Ticket filed by the petitioner and Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 02-04-2025 10:16:06 NEUTRAL CITATION NO. 2025:MPHC-JBP:15810 3 CRR-3029-2018 proceeds in accordance with law.

8 . Petition filed by the petitioner is allowed and disposed off accordingly.

(ACHAL KUMAR PALIWAL) JUDGE vai Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 02-04-2025 10:16:06