Karnataka High Court
Shankar Swamy vs State By Hebbal Police Station on 8 February, 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 08 T H DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL REVISION PETITION NO.663 OF 2021
BETWEEN:
Shankar Swamy,
Aged about 37 years,
S/o Late Mahad eva Swamy,
R/o No-5/1, 2 n d C Cross, 5 t h Main,
Vasanthapp a Block, Gang anag ar,
Beng aluru-560032.
...Petitioner
(By Sri Praveen Kumar K.N., Advocate)
AND:
State by Hebb al Police Station,
Beng aluru-560024
Represented herein by SPP.
...Respondent
(By Sri K.S.Abhijith, HCGP)
This Criminal Revision Petition is filed under
Section 397 read with 401 of Cr.P.C., praying to set
aside the imp ugned order d ated 26.03.2021 p assed by
the LXXI Add itional City Civil and Sessions Judge,
Beng aluru (CCH-72) on I.A. filed und er Section 391 of
Cr.P.C. in Crl.A.No.2582/2018 and to allow the
application filed by the appellant accused-petitioner.
This Criminal Revision Petition coming on for
admission through video conferencing this d ay, the
Court mad e the following:
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ORDER
Heard Sri Praveen Kumar K N, learned counsel for the petitioner and Sri K.S.Abhijith, learned High Court Government Pleader for respondent- State.
2. Aggrieved by the dismissal of the application made under Section 391 of Cr.P.C., the petitioner is before this Court in revision.
3. The necessary facts are as below:
The petitioner suffered a judgment of conviction for the offences punishable under Sections 498A, 323, 342, 504 and 506 read with Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act. He preferred an appeal to the Sessions Court, challenging the conviction and in the appeal, he made an application under Section 391 of Cr.P.C., seeking permission to produce documents by way of additional evidence.
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Learned Sessions Judge dismissed the said application by order dated 26.03.2021.
4. Without expressing anything on merits, it is to be stated that the application made by the petitioner under Section 391 of Cr.P.C., could have been decided along with merits of the appeal. Only after hearing on the merits of the appeal, it is possible to decide whether the documents that the petitioner has intended to produce are necessary for deciding the appeal or not.
5. In this view, I am of the opinion that the matter requires to be remanded to the appellate Court and hence the following:
ORDER Revision Petition is allowed. The order dated 26.03.2021 passed by the learned LXXI Additional City Civil and Sessions Judge, Bengaluru (CCH-72), :: 4 ::
in Crl.A.No.2582/2018, on the application made by the petitioner under Section 391 of Cr.P.C., is set-aside.
The matter is remanded to the appellate Court. The appellate Court is hereby directed to consider the
application made under Section 391 of Cr.P.C., along with merits of the appeal.
IA No.1/2021 does not survive for consideration, it stands disposed of accordingly.
Sd/-
JUDGE Kmv/-