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NEUTRAL CITATION NO. 2026:MPHC-JBP:7573

1 MCRC-54079-2024

IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE HIMANSHU JOSHI

th

ON THE 28 OF JANUARY, 2026

MISC. CRIMINAL CASE No. 54079 of 2024

DEVRAJ SINGH

Versus

THE STATE OF MADHYA PRADESH AND OTHERS

Appearance:

Shri Sunil Kumar Pandey - Advocate for the petitioner.

Shri Amit Garg - P.L. for the respondent/State.

ORDER

The petitioner has filed this petition under Section 482 of Cr.P.C.

challenging the impugned order dated 02.03.2024, passed in S.C. No.07/2010, by

the Special Judge, NDPS Act, District Rewa (M.P.). By the said order, petitioner's

application under Section 91 of Cr.P.C. has been dismissed.

2 . Facts of the case in short are that petitioner is a an accused in a

criminal case registered under Section 8 and 20 of the NDPS Act in connection

with FIR No.524/2009, registered at Police Station City Kotwali, District Rewa.

Petitioner is registered owner of a Marshall Vehicle bearing registration number

MP-20-HA-3606, which was allegedly seized in connection with the crime. As

per the record, petitioner had given his vehicle to his brother-in-law's brother,

Sangram Singh, a government employee, for domestic use. Sangram Singh resides

in Sanjay Nagar, Dhanpuri, District Shahdol and present petitioner Devraj Singh

is residing at Shahpura, District Jabalpur.

3 . Counsel for the petitioner submits that 09.09.2009 the driver of the

offending vehicle Rinku Singh allegedly took the vehicle from Sangram Singh's

Signature Not Verified

Signed by: JASLEEN SINGH

SALUJA

Signing time: 31-01-2026

14:23:02

NEUTRAL CITATION NO. 2026:MPHC-JBP:7573

2 MCRC-54079-2024

wife stating that he needs to take his mother to a doctor for treatment at Rewa.

Petitioner had no knowledge and he is having no involvement in the alleged crime

and came to know about his implication only through newspaper reports.

Thereafter, he submitted a representation to the Director General of Police, Bhopal

on 18.09.2009 for impartial investigation to prove his innocence. On his

representation DGP constituted a Police team led by S.I. Manish Dawar and ASI

Virendra Singh Parihar to investigate the matter. It is further submitted that

during investigation several witnesses, including Sangram Singh, Prabha Singh,

Ram Singh Gaharwar, Basant Lal, Suresh Sonkar, and Sushil Mishra, submitted

affidavits stating that the petitioner had no connection with the alleged offence.

Despite that the investigation report amd the statements of these witnesses were

not made part of the chargesheet. The only relief sought by the petitioner is that

the petitioner has filed the said application to call the statement of witnesses

Sangram Singh, Prabha Singh, Ram Singh Gaharwar, Basant Lal, Suresh Sonkar,

and Sushil Mishra. Counsel for the petitioner further submits that these are the

crucial documents and statement which are essential for his defence. He further

argues that the trial court misused its judicial discretion, thereby denying him the

right to a fair trial, when it dismissed his application. The importance of Section

91 Cr.P.C. empowers the Court to summon any document necessary for a fair

trial. The requested documents including the police investigation report, witness

statements and affidavits are essential to establish the petitioner's innocence and

prays for setting aside the order dated 02.03.2024, passed by the learned Special

Judge, NDPS Act in S.C. No.7/2010 and prays to grant permission to produce the

following documents before the trial Court:

i. Investigation report prepared by S.I. Manish Dawar and ASI Virendra Singh Parihar

ii. Statements and affidavits of witnesses recorded during the investigation.

iii. Police diary entries relevant to the investigation.

Signature Not Verified

Signed by: JASLEEN SINGH

SALUJA

Signing time: 31-01-2026

14:23:02

NEUTRAL CITATION NO. 2026:MPHC-JBP:7573

3 MCRC-54079-2024

4. Counsel for the State submits that there is no illegality or flaw in the

order passed by the trial Court.

5. I have heard learned counse