RAMESH SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition has been filed under Section 482 of Code 3of Criminal Procedure, (for brevity " CrPC ") against the order dated 07/02/2020 passed by First Additional Sessions Judge and Special Judge (PC Act-1988), District Bhind in Case No.02/2018(SST) regarding rejection of application dated 1/2/2020 for summoning the witness in defence along-with record.

(2.) In this petition, the petitioner has mentioned that he had earlier filed the petition under Section 482 of CrPC bearing M.Cr.C. No.48261/2019 and M.Cr.C. No.48261/2019 and no other similar petition or application has been filed or pending before this Court or Hon'ble Apex Court nor decided by any other Court of law.

(3.) The facts, in short, are that complainant- Deshraj Singh Tomar filed a written complaint before S.P. Lokayukt Gwalior that the case of Crime No.117/2010 under Sections 307 read with Section 34 of IPC was registered at Police Station Endori District Bhind (M.P.) against unknown persons, thereafter investigation was done. In the aforesaid case, closure report was filed before the trial Court wherein the applicant was the witness. Thereafter, the complainant of that case named Surendra had filed a private complaint against Deshraj Singh Tomar which was registered as Crime No.57/2012 wherein the trial Court vide its judgment dated 11/03/2016 had convicted him for a term of 7 years RI along-with fine of Rs.25,000/-. Thereafter, he was sent to Gohal jail. During his prison period that was for four months, Jailor Ramesh Sharma (petitioner herein) had demanded Rs.50,000/- for providing additional ease. Complainant- Deshraj Singh Tomar had given Rs.30,000/- but at that time, the convict was in jail; therefore, complaint could not be filed. Thereafter, complaint was filed against the petitioner, which was registered as Crime No.392/2016 by Lokayukt Gwalior and case was registered under Sections 7 , 13(1)(d) and 13(2) of Prevention of Corruption Act. The petitioner was facing the trial of the case.