Dismissed¶20

Khileshwar Netam v. Ashok Kumar Sharma

Chhattisgarh HC17 Oct 2024CRR/128/2020

Case brief

AI extract

What is this about?

Chhattisgarh High Court, Bilaspur — CRR No. 128 of 2020, decided 18.10.2024 by Sanjay K. Agrawal, J. (Single Bench) — Khileshwar Netam v. Ashok Kumar Sharma — Section 391 CrPC additional evidence refused where defence evidence opportunity given on 12.07.2018, 20.08.2018, 27.09.2018, 23.10.2018, 28.11.2018 — revision under Sections 397/401 CrPC against order dated 02.01.2020 of 7th Additional Session Judge, Durg — dismissed — cited case: Brig. Sukhjeet Singh (Retd.) MVC v. State of U.P., 2019 STPL 57 SC (referred only).

What did the court decide?

None; the criminal revision was dismissed as devoid of merit and the impugned order dated 02.01.2020 rejecting the Section 391 CrPC application stands. ¶20

Khileshwar Netam Vs Ashok Kumar Sharma — Chhattisgarh HC (2024) — LawSathi Research

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Page No.1 of 2 IN CRR-128-2020

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2024:CGHC:41254

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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CRR No. 128 of 2020

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Khileshwar Netam S/o Late Dashrath Lal Netam, Aged About 45 Years Occupation - B S P Employee, R/o Q. No. 288, Resali Sector, In Front Of Laxmi Pan Center, Police Station Newai, Bhilai Nagar, Address - Public Relation Department, (P.R.O.), Bhilai Steel Plant, Plant Area, Bhilai Nagar, Tahsil And District - Durg Chhattisgarh.

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Digitally signed by SAIFAN SAIFAN KHAN Date: KHAN 2024.10.22 10:45:30 +0530

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Versus

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Ashok Kumar Sharma S/o Manohar Lal Sharma Aged About 52 Years R/o Shanichari Bazar, Durg, Police Station - Mohan Nagar, Tahsil And District - Durg Chhattisgarh., District : Durg, Chhattisgarh

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... Non-applicant (Cause-title taken from Case Information System) -------------------------------------------------------------------------------------------------------For Applicant : Mr. Shrawan Agrawal, Advocate For Non-applicant : Mr. Jitendra Gupta, Advocate

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SB: Hon'ble Shri Justice Sanjay K. Agrawal Order On Board

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18. 10.2024

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1. This criminal revision filed under Section 397 read with Section 401 of the Code of Criminal Procedure (for short the “CrPC”) is directed against order dated 02.01.2020 (Annexure-A/01), passed by the 7^th Additional Session Judge, Durg (for short the “Court below”), whereby the application of the applicant herein filed under Section 391 of CrPC for adducing additional evidence has been rejected.

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2. Learned counsel for the applicant submits that the Court below is absolutely unjustified in denying opportunity to the applicant herein to adduce additional evidence in light of the decision of the Supreme Court in Brig.

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Page No.2 of 2 IN CRR-128-2020

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Sukhjeet Singh (Retd.) MVC v. State of Uttar Pradesh and others1 and, therefore, the present revision deserves to be allowed.

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3. On the other hand, learned counsel appearing for the non-applicant supported the impugned order dated 02.01.2020 and prays for dismissal of this revision.

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4. I have heard learned counsel for the parties, considered their rival submissions made herein above and went through the record with utmost circumspection.

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5. A careful perusal of the impugned order dated 02.01.2020 (AnnexureA/1) would show that the Court below while rejecting applicant’s application has clearly recorded a finding that the applicant herein was afforded opportunity to adduce defence evidence on 12.07.2018, 20.08.2018, 27.09.2018, 23.10.2018 & 28.11.2018 and, despite that the applicant herein did not adduce evidence and, as such, sufficient opportunity was afforded to the applicant herein to adduce evidence during trial.

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6. In that view of the matter, I am of the considered opinion that the Court below is absolutely justified in rejecting applicant’s application under Section 391 of CrPC for adducing additional evidence. I do not find any merit in this revision. It is, accordingly, dismissed being devoid of any merit.

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7. A copy of this order be sent to the Court below concerned for information and to proceed further in the matter. It be also sent through fax and email.

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Sd/- (Sanjay K. Agrawal) Judge

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s@if

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1 2019 STPL 57 SC

Khileshwar Netam v. Ashok Kumar Sharma

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Khileshwar Netam v. Ashok Kumar Sharma

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