...M.N Bhandari, J.:— By this criminal misc petition, a challenge is made to the order dated 14.10.2014, passed on the application under section 391 CrPC. The application aforesaid was...documentary as well as oral evidence can be allowed under section 391 CrPC. In view of above, prayer is made to set aside the impugned order and allow the application.3. Learned counsel for non...-petitioner submits that section 391 CrPC applies only for oral evidence and not for documentary. He has referred judgment of this court in the case of...

...filed an application under Section 391 CrPC for taking additional evidence at appellate stage and seeking a direction to obtain the opinion of the handwriting expert after comparing the admitted...391 CrPC should only be exercised when the party making such request was prevented from presenting the evidence in the trial despite due diligence being exercised or that the facts giving rise to such...examine such issue based on the evidence available on record and thus, there was no requirement for the appellate Court to have exercised power under Section 391 CrPC for summoning the official from the...

...Meenakshi Pareek, PP for the State BY THE COURT: By this criminal revision petition, a challenge is made to the order dated 15.9.2015, whereby, application under section 391 CrPC filed by the...accused petitioner has been dismissed. It is after considering that the petitioner had earlier also filed number of applications and were dismissed by the court. The application under section 391 CrPC has...

...grounds. The request made by the learned Assistant Public Prosecutor for adducing additional evidence under Section 391 of the Code of Criminal Procedure in order to remove the alleged formal defect...of 99.60 The request was made in order to invoke the powers of the court under Section 391 of the Code of Criminal Procedure, 1973, which inter alia provides that in dealing with any appeal under...High Court was therefore altogether unjustified in rejecting the application made by the learned Assistant Public Prosecutor invoking the powers of the Court under Section 391 of the Code of Criminal...

...petition under Section 391 CrPC for taking additional evidence which was allowed by the High Court. The High Court by the impugned judgment allowed the appeal by setting aside the conviction of the...-1997 which were produced by the Bar at the time of arguments. The power conferred under Section 391 CrPC is to be exercised with great care and caution. In dealing with any appeal, the appellate court...can refer to the additional evidence only if the same has been recorded as provided under Section 391 CrPC. Any material produced before the appellate court to fill-up the gaps by either side cannot...

...filed an application under Section 391 CrPC for taking additional evidence at appellate stage and seeking a direction to obtain the opinion of the handwriting expert after comparing the admitted...391 CrPC should only be exercised when the party making such request was prevented from presenting the evidence in the trial despite due diligence being exercised or that the facts giving rise to such...examine such issue based on the evidence available on record and thus, there was no requirement for the appellate Court to have exercised power under Section 391 CrPC for summoning the official from the...

.... Counsel for the petitioner submits that consequent upon compromise, he filed an application (Annexure P-5) under Section 391 CrPC before the Appellate Court to...has been paid, under Section 391 CrPC before the appellate Court. Such liberty was granted to the petitioner. Accordingly, the petitioner filed an application under...Section 391 CrPC, which was disposed of vide order dated 24.2.2023 passed by Additional Sessions Judge, Yamuna Nagar at Jagadhri with liberty to place on record the original of the alleged compromise...

...appeal, an application under Section 391 CrPC was filed by the applicant before the appellate court for adducing additional evidence stating that he is not a Director of the Company but he is only an...the Company. The application to submit additional evidence before the appellate court under Section 391 CrPC at a belated stage, without proper explanation as to why this evidence could not be produced...Honorary Director which was rejected by the appellate court. Aggrieved, he has filed the present application under Section 482 CrPC invoking the inherent jurisdiction of this Court...

...matter may be looked at from another angle. Section 391 CrPC provides as follows:“391. Appellate court may take further evidence or direct it to be taken.—(1) In...unknown to law. Mr Dey may be right but on that ground alone it would not be correct and proper to deny the application of Section 391 CrPC. Take the case where, on the testimony of the approver, a person...be admissible on its own without any help from Section 311 or Section 391 CrPC. It is only such statement or development which is otherwise not within the legal framework that would need the exercise...

...14.3.2014 passed by the court below, the relevant part of which is reproduced as under:6.“Under sub-section (1) of Sec.391 Crpc. The Appellate Court is...exercise of its powers under Section 391, Cr.P.C”I do not find any illegality or perversity in the impugned order passed by the court below and hence, the cr. Revision petition filed by...

...order dated 18.3.2023 passed by Additional Session Judge, Khurja, District Bulandshahar in Criminal Revision No. 353 of 2022, allowing the application under Section 391 CrPC filed on behalf of the...quantity 24 tonne and 400 Kg. Having been aggrieved, the prosecution (State) has filed a revision before the session court. During pendency of the revision, an application under Section 391 CrPC (paper No..., which is available in the police station as depicted by the In-charge Inspector. It is further submitted that the documents which are filed along with the application under Section 391 CrPC are part of...

...under section 391 of CrPC filed by the petitioner herein/accused has not been decided. 2. Learned counsel for the petitioner submits that during the course of hearing of criminal appeal, the...petitioner herein/accused submitted an application under section 391 of CrPC, for taking additional evidence, i.e., examining Head Constable, Shiv Dayal, who had been mechanically examined the vehicle but the...Court neither allowed the application nor rejected the same, but deferred for deciding it at the time of final hearing. It is further submitted that section 391 of CrPC provides that the application...

...06.12.2018 passed by the learned XV Additional City Civil and Sessions Court, Chennai, dismissing the application filed by the petitioner under Section 391 CrPC., praying to permit the petitioner...learned XV Additional City Civil and Sessions Court, Chennai thereby dismissing the petition filed by the petitioner under Section 391 CrPC., to permit the petitioner herein to examine as defence witness...Additional City Civil and Sessions Court, Chennai and the same is pending. Thereafter, the petitioner has filed an application under Section 391 CrPC to examine other 4 witnesses and to mark 13...

...of sentence was challenged by the petitioner before learned Appellate Court. During pendency of the appeal the petitioner had filed an application under Section 391 of the CrPC appending the document... 391 CrPC appears to be already filed before the learned JMFC Raipur. From the record it also appears that the said document is already marked as Ex. P-1 before the learned JMFC...complaint before the tril Court, it would not prejudice the rights of the petitioner to file such application u/s 391 CrPC. 5. The appellate Court has rejected the...

...similar application moved under section 311 CrPC and 391 CrPC. Court below came to the conclusion that when challenge to the earlier order could not sustain before the High Court...the issue stood concluded by the High Court. The position in regard to the application under section 391 CrPC is also same. Taking the aforesaid into consideration, the court below passed the impugned...next date i.e 21.5.2009 The matter was thereafter decided and the case is pending consideration in the appeal.Learned counsel for the petitioner submits that as per provisions of CrPC...

...First Additional Sessions Judge, Durg. During pendency of the appeal, the applicant has filed an application under section 391 of the crpc for additional evidence and prayed that Vijay Kumar Sharma..., the provisions of section 391 crpc cannot be pressed into service in order to fill up lacunae in the prosecution case. 5. In view of the law laid down by the Honble Supreme Court in...absolutely justified in rejecting the application filed under section 391 of the crpc. I do not find any illegality in the order impugned. 6. Consequently, the revision is liable to...

....4. Learned counsel for the appellant has filed an application under S. 391 CrPC to enable the appellant to cross-examine the aforesaid witnesses. Heard on merits and also on interim...application filed under S. 391 CrPC.5. It is the submission of the learned counsel that reasonable opportunity was not given to cross-examine PWs 4, 5 and 9 and as the Court is relied upon...

...) This petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of orders dated 24.4.2024 (Annexure P-1) vide which the application filed under section 391...CrPC for leading additional evidence by the petitioner in criminal appeal bearing no CRA/155/2019 dated 10.12.2019 titled as 'Sandeep Singh versus Lakhbir Singh' before Additional Sessions Judge, Tarn...

...order dated 21.02.2015, passed by learned I st Addit ional Sessions Judge, Udham Singh Nagar, in Crim inal Appeal No. 30 of 2013. By said judgment , applicat ion under Sect ion 391 CrPC, filed by com.... 6. I n the aforesaid appeal, com plainant ( respondent No. 2) , m oved an applicat ion under Sect ion 391 CrPC stat ing that , X- ray plate and report dated.... 8. Sect ion 391 CrPC enables appellate court to take further evidence or direct it to be taken. For ready reference, Sect ion 391 CrPC is ext racted below...

...case then it could have exercised its power under Section 391 CrPC and ought not to have set aside the order of acquittal and remanded the matter for fresh disposal. This argument also did not...impress us because the High Court instead of recording the additional evidence in terms of Section 391 CrPC, preferred to remand the matter back to the trial court for disposal in accordance with law. It...