Yashwant Chandrawanshi v. Ganesh Nath Yogi

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1093 of 2018 Yashwant Chandrawanshi S/o Kishun Chandrawanshi Aged About 30 Years R/o- Village- Paliguda, Post- Pipariya, Police Station- Pipariya, DistrictKabirdham, Chhattisgarh ---- Petitioner

Versus

Ganesh Nath Yogi S/o Hazari Nath Yogi Aged About 47 Years R/o- Darripara, Kawardha, Police Station- Kawardha, District- Kabirdham, Chhattisgarh ....Respondent For Petitioner :

Ms. Upasna Mehta, Advocate For Respondent :

Mr. R.S. Baghel, Advocate Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 06.09.2018 Heard.

1.

This petition under Section 482 Cr.P.C. is directed against order dated 24.04.2018, whereby the petitioner's application under Section 91 of Cr.P.C. has been rejected.

2.

Learned counsel for the petitioner submits that the petitioner is facing trial and he is entitled to raise all the defences as is available to him under the law in the pending trial instituted upon complaint by the respondent. The petitioner seeks production of certain documents which are relevant to defend himself against the charges. The petitioner moved an application which has been rejected seriously prejudicing the petitioner in his defence.

3.

Learned counsel for the respondent, however, opposes and submits that even the evidence of complainant has not been recorded, till date. 4.

At present, the complainant's evidence has not been led. After conclusion of the evidence of the complainant, if the petitioner feels it necessary that certain records, documents are required to be produced for ensuring the fair trial and effective defence, he would be at liberty to do so. At this stage, the Court below has rightly rejected the application.

5.

With the said liberty, the petition is dismissed. Sd/- (Manindra Mohan Shrivastava) Judge Rekha