RAMESH KUMAR KUMHARE Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2013-2-9
HIGH COURT OF MADHYA PRADESH
Decided on February 06,2013

Ramesh Kumar Kumhare Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents


Referred Judgements :-

SOMNATH BURMAN VS. S P RAJU [REFERRED TO]


JUDGEMENT

- (1.)BY this criminal revision the applicant has challenged the order dated 18.7.2012 passed by the Additional Sessions Judge, Umariya in ST No.175/2009 whereby an application filed by the prosecution was accepted that merg enquiry statements of various witnesses viz. Babulal Jaiswal, Ashok Kumar Jaiswal, Smt. Gudiya Bai, Santan Bai and Shukla Jaiswal may be taken on record.
(2.)THE prosecution case, in short, is that a trial is going on against the applicant for the offence punishable under Sections 348, 330, 331, 304 read with Section 34 of IPC. After examination of some witnesses, the learned Public Prosecutor moved an application to file merg enquiry statements of the various witnesses and prayed that if the accused persons so desire the witnesses may be called again for their cross examination. After considering the submissions made by the learned counsel for the parties, the learned Additional Sessions Judge accepted the said application and permitted the prosecution to submit the merg enquiry statements of the aforesaid witnesses.
I have heard the learned counsel for the parties.

(3.)THE learned counsel for the applicant has submitted that such type of documents cannot be filed at a belated stage. The case was initiated in the year 2005. Some of the witnesses are examined in the year 2008 and now their merg enquiry statements are submitted after seven years of the registration of the case, and therefore it would cause prejudice to the applicant, and therefore the impugned order may not be maintained. The learned counsel for the applicant has placed his reliance upon the judgment of Hon'ble the Apex Court in the Court of "Somnath Berman Vs. Dr. S.P.Raju" (AIR 1970 SC 846).


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