Court No. - 65
Case :- APPLICATION U/S 482 No. - 16636 of 2019 Applicant :- Nuzhat Ara Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sanjay Srivastava,Sundeep Agarwal Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This criminal revision has been filed seeking quashing of the order dated 6.3.2019 passed by the learned Additional District and Sessions Judge, Court No. 16, Bareilly whereby the application (14Kha) moved for filing additional evidence in Criminal Revision No. 283 of 2013, arising out of Case Crime No. 144 of 2012, under Sections 419, 420, 467, 468, 471 I.P.C., has been dismissed.
Heard learned counsel for the applicant and learned A.G.A. for the State. Perused the record.
Learned counsel has not been able to point out of any illegality, impropriety or incorrectness much less than any abuse of court's process which may persuade this Court to interfere in the impugned order which reflects judicial application of mind. The order contains valid reasoning. Relevant law has also been discussed. The copy that was sought to be submitted in the lower court was a photostat copy. The revisional court's power to take additional evidence is not in dispute but this power cannot be exercised in all cases and shall depend from case to case. The court is not to take such additional evidence just because the revisionist wants it. It is a matter of judicial discretion which shall be exercised upon in appropriate cases. It is not a routine exercise and cannot be done in a casual manner. Reasons for refusal have also been given in the impugned order. There is no element of perversity reflected in the same. This Court does not see any good reason to substitute the view taken by the lower revisional court by its own in exercise of inherent jurisdiction of this Court under Section 482 Cr.P.C. as this Court fails to see any abuse of court's process that might have been followed the order.
The application lacks merit and stands dismissed.
Order Date :- 26.4.2019 Naresh