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2024 Supreme(MP) 64

PRAKASH CHANDRA GUPTA
Arvind S/o Shri Madan – Appellant
Versus
State Of Madhya Pradesh PS Manawar – Respondent


Advocates:
Advocate Appeared:
For the Applicant :Shri Anjum Parekh, Advocate
For the Respondent:Shri Rahul Solanki, Govt. Advocate

ORDER :

This petition u/S 482 of Code of Criminal Procedure, 1973, has been filed by the applicant/accused being aggrieved by order dated 08.11.2023 passed by II Additional Sessions Judge, Manawar, Distt. - Dhar (M.P.) in ST No.67/2022, whereby the learned trial Court has dismissed the application u/S 311 of Cr.P.C. filed by applicant.

2. Facts giving rise to this petition are that S.T. No.67/2022, offence punishable u/S 294, 323, 324, 506(II) and 302 r/w 34 of IPC and Section 25(i) (b)(b) of the Arms Act is pending before the trial Court against the applicant. During prosecution evidence, Pradeep (PW-1) and Lakshmibai (PW-3) were examined on 16.02.2023 and 29.03.2023 respectively. Thereafter, on 20.09.2023, the applicant had filed an application (Annexure-6) u/S 311 of Cr.P.C., which was rejected by the learned trial Court.

3. Learned counsel for the applicant submits that previous counsel for the applicant could not perform effective cross-examination of the witnesses Pradeep (PW-1) and Lakshmibai (PW-3) in respect of sequence of incident of reaching police station from the place of incident, from police station to Manawar Hospital, refer of the injured/deceased from Manawar to Badh

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