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2021 Supreme(Online)(MP) 4692

HIGH COURT OF MADHYA PRADESH
SUJOY PAUL, ANIL VERMA, JJ
Shyam Tiwari – Appellant
Versus
The State Of Madhya Pradesh – Respondent


Advocates:
For the Appellants/Petitioners: Rekha Shrivastava
For the Respondents: Amit Singh Sisodiya

The petitioner has filed the present revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (for short, ‘the Cr.P.C.’) against the order dated 3/3/2021 passed by the designated Special Judge (Prevention of Corruption Act) Indore, M.P., in Special Case No. 5/2010 wherein PW-4 N. K. Rathore has been declared as hostile and the Court previously permitted the prosecution to exhibit photo-copy of the audit report without placing its original on record and in respect of which objections were raised by the petitioner and in turn the Court inter-alia passed the impugned order by observing that objections regarding admissibility of evidence shall be dealt with at the time of final adjudication of the case.

02. Brief facts of the case are that charge sheet has been filed before the trial Court against the petitioner u/S. 420, 120-B and 409 of the Indian Penal Code, 1860 and Sec. 13(1) of the Prevention of Corruption Act. On 3/3/2021 while recording testimony of P.W.-4 N. K. Rathore, the trial Court declared him as hostile witness and tentatively decided to mark Ex.P/8 on the audit report, that was a photo-copy. It is also submitted that there are

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