Madhya Pradesh High Court
Rajkumar Pandey vs The State Of Madhya Pradesh on 19 June, 2014
19.6.2014 Shri Prakash Upadhyay, counsel for the applicant.
Shri R.P. Pandey, Public Prosecutor for the State.
Learned counsel appearing on behalf of the applicant seeks for withdrawal of the petition with liberty to move an application before the trial Court for issuing summons/notice to accused Bhagirath to produce the original affidavit before the trial Court.
Prayer is allowed.
If the applicant submits the original affidavit, the trial Court is directed to permit the applicant to use the aforesaid document to contradict the statement of the prosecutrix in her cross- examination.
It is further made clear that in the event of failure of production of the original document, as same is lost or not traceable, the trial Court is directed to permit the applicant to contradict the prosecutrix on the basis of the photocopy of the aforesaid document available on record.
With the aforesaid observation the petition is dismissed as withdrawn.
(G.S. Solanki) JUDGE ravi