This court disposed of a criminal revision challenging an order summoning additional evidence before the Additional Sessions Judge. It held that Section 391 Cr.P.C. empowers the appellate court to take further evidence itself, dismissing the revision as lacking merit.
Revision dismissed as it lacks merit under Section 391 Cr.P.C.
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Court No. - 60
Case :- CRIMINAL REVISION No. - 4247 of 2010
Revisionist :- Bheemsen & Others Opposite Party :- State Of U.P. & Another Counsel for Revisionist :- Pradeep Kumar Shukla Counsel for Opposite Party :- Govt. Advocate
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the revisionists and learned A.G.A. for the State.
The revisionist has challenged the order dated 19.7.2010 passed by Additional Sessions Judge/Special Judge, SC/ST Act on the ground that appellate Court has no right to summon the additional evidence to the prejudice of the accused without any application either filed by the revisionist or by the State.
It is further stated that no such application has been moved either by the prosecution or by defence, therefore, this order is illegal and bad in law.
Learned A.G.A. has invited attention of the Court to Section 391 of the Cr.P.C., which provides that appellate Court may take further evidence itself, or direct it to be taken by a Magistrate.
I have perused Section 391 Cr.P.C. I find no illegality in the order order dated 19.7.2010 passed by Additional Sessions Judge/Special Judge, SC/ST Act for summoning the additional evidence as it is clearly provided in Section 391 Cr.P.C. The revision lacks merit and is, accordingly, dismissed.
Order Date :- 2.11.2018 Junaid
1 issue framed by the court
Whether an appellate Court has the right to summon additional evidence to the prejudice of the accused without any application from the revisionist or the State.
1 provisions across 1 enactments
Bheemsen
others
State Of U.P.
another
Neeraj Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
