Mahesh Kevat vs The State Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-IND:29334
1 MCRC-23209-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE

BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
th
ON THE 15 OF OCTOBER, 2026
MISC. CRIMINAL CASE No. 23209 of 2026
CNR No.: MPHC020194332026
MAHESH KEVAT
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Aman Malviya - Advocate for the petitioner.
Shri Sunit Kapoor - GA for the respondent/State.
Shri Manuraj Singh - Advocate for respondent no.2.
ORDER
This petition under Section 528 of BNSS, 2023 has been filed by the
petitioner seeking the following reliefs:-

"1. Kindly, set aside the impugned order dated 11.05.2026 passed
by the Hon'ble 21st Additional Sessions Judge, District Indore in
Criminal Revision No. 319/2026.
2. Kindly, quash and set aside the order dated 05.03.2026 passed
by the (Sub-Divisional Magistrate, Hatod, District Indore) in Case
No. 01/2025, to the extent it denies the applicant an opportunity to
produce evidence.
3. Kindly, direct the Sub-Divisional Magistrate, Hatod, District
Indore grant reasonable opportunity and sufficient time to the
present Applicant to produce evidence in the aforesaid
proceedings.
4. Kindly, direct that the matter be decided on merits after
affording proper opportunity of hearing to the applicant.
5. Kindly, pass any other order or direction which this Hon'ble
Court may deem fit and proper in the facts and circumstances of
the case, in the interest of justice."

2. It is submitted by the learned counsel for the present petitioner at
Signature Not Verified
Signed by: REENA JOSEPH
Signing time: 16-10-2026
11:10:53

NEUTRAL CITATION NO. 2026:MPHC-IND:29334
2 MCRC-23209-2026
bar that the present petition has been filed challenging the order of the

revisional Court dated 11.05.2026 whereby the learned trial Court has
rejected the prayer of the present petitioner for adducing additional evidence.
It is further submitted that initially the learned trial Court had closed the right
to adduce the evidence of the petitioner/non-applicant and that had been
challenged before the revisional Court and the revisional Court vide order
dated 24.01.2026 has granted an opportunity for adducing the evidence
before the learned trial Court. The petitioner has availed that opportunity and
adduced the evidence, however, he prayed to submit some more evidence in
his behalf and for this purpose he sought further time for adducing the
evidence which has been denied by the learned trial Court vide order dated
05.03.2026. This order has again been challenged before the revisional Court
and the revisional Court vide order dated 11.05.2026 has rejected the
revision petition. Being aggrieved by the said order of the revisional Court,
the petitioner is before this Court through this petition.
2.1 It is further submitted that since he has to file some important
documents for the just decision of the case, he may be given one more
opportunity to adduce the evidence before the learned trial Court. On the
aforesaid grounds learned counsel prays for allowing this petition by setting
aside the impugned orders.
3. Per contra, learned counsel for the respondent as well as the
Government Advocate have vehemently opposed the prayer on the ground
that there is no reason assigned by the present petitioner that why he could
not adduce complete evidence on the date given by the learned revisional
Signature Not Verified
Signed by: REENA JOSEPH
Signing time: 16-10-2026
11:10:53

NEUTRAL CITATION NO. 2026:MPHC-IND:29334
3 MCRC-23209-2026
Court earlier vide order dated 24.01.2026. It was well within the knowledge

of the present petitioner that only a single opportunity has been granted to
him for adducing entire evidence. However, he failed to adduce the complete
evidence on the said date without there being any reason qua non-production
of evidence. It is further submitted that after availing the opportunity of
adducing the evidence after the order of the learned revisional Court dated
24.01.2026, he again sought time to adduce the evidence which has rightly
been denied by the learned trial Court and affirmed by the revisional Court
vide order dated 11.05.2026. Since there is no reason assigned by the
petitioner for non-production of the witnesses on the given date, such prayer
is not liable to be accepted. He prays for dismissal of the petition.
4. I have heard the learned counsel for the parties and perused the
record.
5. Having heard the learned counsel for the parties and on perusal of
the record, the factual aspect as revealed from the contentions of the learned
counsel for the parties is undisputed. The petitioner was given a single
opportunity after his right of adducing the evidence has been closed by the
trial Court and such opportunity has been availed by him by adducing the
evidence before the learned trial Court, however again he sought time for
adducing more evidence which has been denied by the trial Court vide order
dated 05.03.2026 and this order has been affirmed by the revisional Court
vide order dated 11.05.2026.
6. The perusal of the entire record shows that no reason has been
assigned by the petitioner for non-production of the evidence on the
Signature Not Verified
Signed by: REENA JOSEPH
Signing time: 16-10-2026
11:10:53

NEUTRAL CITATION NO. 2026:MPHC-IND:29334
4 MCRC-23209-2026
additional opportunity given vide order dated 24.01.2026. In the absence of

any sufficient reason for such lapse, he cannot be given further opportunity
to adduce evidence before the learned trial Court. The impugned orders do
not suffer from any illegality or perversity rather have rightly been passed by
the learned trial Court and thereafter affirmed by the revisional Court. There
is no substance in this petition.
7. Accordingly, this petition being bereft of merit is dismissed.
(RAJENDRA KUMAR VANI)
JUDGE
RJ
Signature Not Verified
Signed by: REENA JOSEPH
Signing time: 16-10-2026
11:10:53