SHEEL NAGU
Amar Singh Kamria – Appellant
Versus
State of M. P. – Respondent
1. The inherent powers of this Court are invoked u/s 482 CrPC for assailing the interlocutory order dated 15.11.2017 passed in S.T. No. 112/2015 by which the trial Judge has dismissed an application under section 91 CrPC whereby the petitioners accused sought to bring on record the documents which were considered by the investigating agency for finding the plea of alibi of the petitioners to be correct which led the petitioners being not arrayed as accused in the charge sheet filed by the prosecution, despite petitioners having been implicated in the FIR.
2. Brief facts giving rise to the present case are that against the petitioners and other co-accused offence of murder was alleged in Crime No. 99/2014 wherein the petitioners were specifically named in the FIR but after conduction of investigation, the plea of alibi raised by the petitioners-accused was found to be correct by the investigating agency which led to the charge sheet being filed without petitioners being arrayed as accused. During conduction of trial, the testimony of witnesses were recorded which revealed that the petitioners were involved in the crime of murder which impelled the complainant/victim to file an
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