Back
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
G.S.Ahluwalia
Pradeep Sharma – Appellant
Versus
State Of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. criminal revision procedural details. (Para 1) |
| 2. arguments against trial court's decision. (Para 2 , 3 , 4 , 5) |
| 3. question of legality of parallel enquiry. (Para 6 , 7) |
| 4. review of legal precedent on parallel enquiry. (Para 8 , 9) |
| 5. affirmation of trial court's order and dismissal of revision. (Para 10 , 11) |
ORDER :
G.S. Ahluwalia, J.
1.This criminal revision under Section 397 , 401 Cr.P.C. has been filed against the order dated 07/11/2024 passed by Special Judge (MPDVPK Act) Shivpuri in S.T. No. 10/2020 by which an application filed by applicant under Section 311 of Cr.P.C. for summoning Shri Kamal Maurya, Additional S.P. Shivpuri has been rejected.
2. It is submitted by counsel for petitioner that during the course of investigation, Shri Kamal Maurya, Additional S.P. had conducted a parallel enquiry under the orders of the then S.P., Shivpuri. Since, he had found that allegations, which are being made by the witnesses are false, therefore, he had exonerated the applicant and, therefore, he is an important witness to prove the innocence of applicant.
3. It is submitted that Trial Court has rejected the application primarily on the ground that the trial is pending for
Parallel enquiries during ongoing investigations are impermissible under Section 36 of the Code of Criminal Procedure, as affirmed by higher courts.
A parallel inquiry during an ongoing investigation is impermissible, and trial court can reject witness summons if it violates the law.
The court established that the power to summon additional accused under Section 319 of the CrPC is contingent upon the existence of prima facie evidence presented during the trial, and that the trial....
The power to summon under Section 319 CrPC requires clear prima facie evidence, considering witness credibility, and must comply with previous judicial directives without undue haste.
The trial court can summon additional accused under Section 319 Cr.P.C. only if there is more than a mere prima facie case supported by evidence.
The court emphasized the necessity of recalling witnesses to ensure a fair trial and prevent failure of justice.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
