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2023 Supreme(MP) 196

S. A. DHARMADHIKARI, PRAKASH CHANDRA GUPTA
Saurab – Appellant
Versus
Central Bureau of Investigation Vyapam Scam Bhopal – Respondent


Advocates:
Vinay Saraf with Ketan Garhwal for petitioner; Himanshu Joshi, Deputy Solicitor General, for respondent.

ORDER

With the consent, heard finally.

1. This petition under section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred as “Cr.P.C.”) has been preferred by the petitioner/accused against the order dated 12.4.2023, passed by the Special Judge, Vyapam, Indore in S. T. No.437/2016, whereby learned Trial Court has allowed the application under section 311 of Cr.P.C. filed by the respondent/prosecution.

2. Brief facts giving rise to this petition are that S. T. No.437/2016, offence under sections 417, 418, 420, 467, 468, 471 & 120-B of IPC alongwith section 3/4 of the M.P. Recognized Examinations Act, 1937 is pending before the trial Court, against the petitioner and other co-accused person. After completion of prosecution as well as defence evidence, the case was posted for final argument. On 11.3.2023, final arguments were advanced and completed by the counsel for the petitioner. On 17.3.2023 and 24.3.2023, the case was posted for remaining final arguments for the co-accused, Purushottam Khoiya. Meanwhile, on 24.3.2023, the respondent/prosecution had filed an application u/S 311 of Cr.P.C. After hearing both the parties, learned trial Court has passed the impugned order

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