CHANDRA MOHAN SAHU Vs. STATE OF M. P.
LAWS(MPH)-2021-3-38
HIGH COURT OF MADHYA PRADESH
Decided on March 15,2021

Chandra Mohan Sahu Appellant
VERSUS
STATE OF M. P. Respondents

JUDGEMENT

Per Justice Pathak,J. - (1.) The instant petition under Section 482 of Cr.P.C. has been filed by the petitioner/accused taking exception to order dated 20/1/2021 passed by Special Judge (Prevention of Corruption) Act, Vidisha in Special Case (Lokayukt) No. 5/17; whereby, application filed by respondent/Lokayukt under Section 311 of Cr.P.C. has been allowed.
(2.) Brief facts giving rise to the controversy are that petitioner/accused is facing trial for alleged offence under Section 7 of Prevention of Corruption Act, 1988. During the course of trial, statement of one Ashok Pachauri (PW/7) was recorded on 22/07/2019. It appears that after recording of statement of said witness, one application under Section 311 of Cr.P.C. was filed by respondent/prosecution for recalling of the witness on the ground that said witness was a witness for trapping and thereafter in other important proceedings including the seizure and he did not support the story of prosecution and declared hostile, therefore, certain documents were to be referred to him for verification in the cross- examination by the prosecution.
(3.) Petitioner/Accused opposed the prayer but the learned trial Court allowed the said application preferred by respondent -Lokayukt and recalled the said witness for further crossexamination. Petitioner is aggrieved by said recalling of witness, therefore, this petition has been preferred.;


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