Telangana High Court
Smt.Ambati Lalithamma vs State Of Telangana on 15 September, 2021
Author: Shameem Akther
Bench: Shameem Akther
THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
CRIMINAL PETITION No.6242 OF 2021
ORDER:
This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.'), is filed by the petitioner/appellant/accused seeking to set aside the order dated 23.07.2021 passed in Crl.M.P.No.255 of 2021 in Criminal Appeal No.1136 of 2019 by the learned I Additional Metropolitan Sessions Judge, Hyderabad, wherein the Crl.M.P.No.255 of 2021 filed by the petitioner under Section 391 Cr.P.C to receive the copy of charge sheet in C.C.No.25 of 2020 along with statement of witnesses examined by the police as additional evidence and also to permit him to adduce further evidence by examining Mr.G.Mallesh, Sub- Inspector of Police of Division-E, CCS, DD, Hyderabad and Mr.C.Harischandra Reddy, Inspector of Police, WCO, Team-II, CCS, DD, Hyderabad, as additional evidence in the appeal pending before the Court below, was dismissed.
2. Heard both sides. Perused the record.
3. The learned counsel for the petitioner would submit that the charge sheet in C.C.No.25 of 2020 along with statements of witnesses examined by the police, are relevant for proper adjudication of the subject matter. The Court has power under Section 391 Cr.P.C to receive the documents as additional evidence. The Court below ought to have received the subject documents filed by the petitioner as additional evidence and permitted him to adduce further evidence by examining 2 Mr.C.Harischandra Reddy, Inspector of Police, WCO, Team-II, CCS, DD, Hyderabad, and Mr.G.Mallesh, Sub-Inspector of Police of Division-E, CCS, DD, Hyderabad, as additional evidence in the appeal but the Court below erroneously dismissed the application. Therefore, the learned counsel for the petitioner prayed to allow the Criminal Petition by setting aside the impugned order dated 23.07.2021 passed by the Court below.
4. On the other hand, the learned counsel for the respondent No.2/complainant would submit that the documents proposed to be brought on record by the petitioner/accused have no relevance to the subject matter of the appeal. There is no mention of the name of the respondent No.2/complainant in the documents proposed to be filed by the petitioner/accused and they are no way connected to the present appeal. The Court below rightly dismissed the subject application by assigning reasons and ultimately prayed to dismiss the Criminal Petition.
5. In view of the submissions made by both sides, the point for determination in this Criminal Petition is:
"Whether there are merits in this Criminal Petition, to allow as prayed for?"
6. POINT: The documents proposed to be brought on record by the petitioner as additional evidence, are at appellate stage. The subject documents are copies of charge sheet and statement of witnesses in Crime No.227 of 2019 of CCS, DD, Hyderabad. Those documents relate to accusation against the petitioner and others for the offences under Sections 420, 406 and 506 r/w 34 of IPC 3 besides Section 5 of Depositors Act, and those documents are in between the petitioner/accused and other parties with reference to the alleged cheating, criminal breach of trust and criminal intimidation etc. Here, in the subject case, the cheque in question is said to have been issued by the petitioner/accused and the same was dishonoured for want of sufficient funds. Moreover, the proposed documents do not disclose the name of the respondent No.2/complainant. Therefore, those documents are not relevant to the present case and they cannot be brought on record as additional evidence in the Criminal Appeal pending before the Court below. There is no illegality or perversity in the impugned order passed by the Court below. This Criminal Petition is devoid of merit and is liable to be dismissed.
7. In the result, this Criminal Petition is dismissed.
Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed.
______________________ Dr. SHAMEEM AKTHER, J Date: 15.09.2021 scs