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2024 Supreme(Online)(MP) 38550

HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE SANJEEV S KALGAONKAR, J
Vikram Singh – Appellant
Versus
The State Of Madhya Pradesh – Respondent


Advocates:
Yash Pal Rathore,Advocate General

ORDER

This application under Section 447 of BNSS, 2023 is submitted requesting for transfer of criminal case SCNDPS No. 13 of 2021 pending before Special Judge (NDPS Act) Bhanpura District Mandsaur to any other district.

It is requested in the application that applicant is facing trial at crime No. SCNDPS No. 13 of 2021 pending before Special Judge (NDPS Act) Bhanpura. Learned Special Judge rejected the application for examining the signature of Om Prakash (a witness in the matter) from handwriting expert. The applicant preferred petition before the High court which was allowed and handwriting expert report was directed to be called. Therefore, learned Special Judge was unhappy with the applicant and his counsel. In compliance with the order of High Court, handwriting expert report was produced and his statement was recorded through video conferencing.

Applicant requested for cross-examination of the witness after declaring him hostile. But learned Special Judge declined the permission and closed the trial. The matter was fixed for final argument in undue haste. The applicant was not given opportunity to cross examine the witness. Therefore, the trial of criminal case SCNDPS 13 of 202

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