SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2024 Supreme(Online)(MP) 4404

IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA

ON THE 15th OF MAY, 2024

MISC. CRIMINAL CASE No. 53505 of 2023

BETWEEN:-

VISHWESH KUMAR PATEL S/O LATE

SHRI

LALIT

KUMAR

PATEL,

AGED

ABOUT

64

YEARS,

OCCUPATION:

ADVOCATE,

R/O

POLICE

STATION

BURHAR,

WARD

NO.

11,

DISTRICT

SHAHDOL (MADHYA PRADESH)

.....APPLICANT

(BY SHRI VAIBHAV KUMAR PANDEY- ADVOCATE)

AND

THE

STATE

OF

MADHYA

PRADESH

THROUGH POLICE STATION BURHAR,

DISTRICT SHAHDOL (MADHYA PRADESH)

.....RESPONDENT

(BY SHRI MOHAN SAUSARKAR- GOVERNMENT ADVOCATE)

---------------------------------------------------------------------------------------------------------

This application coming on for admission this day, the court passed

the following:

Advocates:
Praveen Kumar Pandey,Advocate General

ORDER

This application under Section 482 of Cr.P.C. has been filed seeking the following reliefs:-

    “1. It is, therefore, most humbly prayed that this Hon’ble court may be pleased to set-aside the impugned order dated 09.11.2023 passed by upper session Judge Burhar, dist- Shahdol (MP) and direct the Trail Court to provide the legible and type copy of the Said Documents which applicant has sought in this petition for proper adjudication of session trail, in the interest of justice.
    2. Any other relief which this Hon’ble Court may deem just and proper considering the facts and circumstances of the case may kindly be issued in favor of the applicant.”

2. It is submitted by counsel for applicant that he had filed an application under Section 208 of Cr.P.C. for supply of legible and type copy of the medical documents but by the impugned order, the trial Court has rejected the same.

3. By relying on the order passed by Supreme Court in the case of Randeep Singh Surjewala Vs. State of U.P. & Anr. , decided on 17.04.2023 passed in Special Leave to Appeal (Crl.) No(s). 4791/2023 , it is submitted by counsel for petitioner that in all fairness legible copy of the charge-sheet must be supplied to the case.

4. Considered the submissions made by counsel for applicant.

5. From the order-sheets it is clear that the case was fixed for arguments on the question of framing of charge and at that time the applicant filed an application under Section 208 of Cr.P.C. for supply of legible and type copy of the medical documents.

6. Applicant has filed I.A. No. 11467/2024 and placed those documents on record for which the applicant wanted the typed copy.

7. This Court has gone through the certified copy of documents filed along with the charge-sheet and they are legible and easily readable and anyone can understand the same without any extra efforts.

8. The Supreme Court in the case of Randeep Singh Surjewala (supra) had directed for supply of legible copy of the charge-sheet.

9. The documents which have been supplied to the applicant by the Police Authorities are legible and, therefore, it appears that the application under Section 208 of Cr.P.C. was filed with solitary intention to avoid the hearing on the question of framing of charge.

10. Accordingly, the application fails and is hereby rejected . (G.S. AHLUWALIA) JUDGE AL

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

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

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top