Court No. - 38
Case :- APPLICATION U/S 482 No. - 16351 of 2019 Applicant :- Rajendra Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ram Raj Pandey Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
This application has been filed under Seciton 482 Cr.P.C. to quash the impugned order dated 7.2.2019 passed by Additional District & Session Judge / F.T.C. Court No. 2, Baghpat in Criminal Revision No. 67 of 2018 (Dalchand vs. State of U.P.) arising out of Complaint Case No. 14 of 2008-2009, under Section 145 Cr.P.C. (Rajendra Singh vs. Dalchand).
Heard Sri Ram Raj Pandey, learned counsel for the applicant and learned AGA for the State are present and peruse the record.
Learned counsel submitted that the impugned order passed by the revisional court is against the provision of law and passed without applying his judicial mind that whether the evidence which are permitted to be placed has any concern with the proceeding pending before the revisional court or not.
Learned AGA has vehemently opposed the prayer made by the learned counsel for the applicant contending that the evidence which has been permitted to be produced before the revisional court is essential for the just decision of the case. No perversity or illegality has been committed by the by the learned revisional court, hence, the present application may be dismissed.
From perusal of record it transpires that an application of 20-B was filed by the opposite party no. 2 before the revisional court with a prayer that he may be permitted to file some documentary evidence which is essential for effective and just decision of the case.
Section 401 Cr.P.C. deals with the power of revisional court wherein it has been mentioned that revisional court can also exercise the power as provided under Section 391 Cr.P.C. which deals with the power to take additional evidence.
Learned revisional court after hearing of both the parties and placing reliance on the law laid down in Vinod vs. Smt. Morawati 1991 AIR 532 wherein it has been held that revisional court has power to take additional evidence and allowed the revision on cost of Rs. 200/-.
In my view there is no illegality or perversity in the order passed by the learned revisional Court. The application is devoid of merits and is liable to be dismissed.
The application under Section 482 Cr.P.C. is accordingly dismissed. Order Date :- 25.4.2019 Saurabh