Section 391 in The Code of Criminal Procedure, 1973
391. Appellate Court may take further evidence or direct it to be taken.
(1) In dealing ... additional evidence is taken. (4) The taking of evidence under this section shall be subject to the provisions of Chapter XXIII, as if it were
Chapter XXIX of the Code of Criminal Procedure ,
1973 deals with “Appeals”. Section 391 Cr.P.C.
empowers the Appellate Court to take further evidence ... matter of obtaining
additional evidence in terms of Section 391
of the Code of Criminal Procedure. A plain
look at the statutory provisions (Section
391
application filed by the petitioner/accused under Sections
391 and 311 of the Code of Criminal Procedure (in short ' Cr.P.C .')
praying ... matter of obtaining additional evidence in
terms of Section 391 of the Code of Criminal
Procedure. A plain look at the statutory provisions
(Section 391
Section 138 of
Negotiable Instruments Act, whereby an application, filed on behalf of
petitioner/accused under Section 391 of the Code of Criminal Procedure
(herein ... preferred an appeal on 1.11.2018 and on
31.12.2018, an application under Section 391 Cr.P.C. for leading additional
evidence was filed by petitioner, which
appellate stage in a criminal case is regulated by the provisions of
Section 311 Cr.P.C and Section 391 Cr.P.C. respectively. Since ... view, has not examined the provisions of Section 311
Cr.P.C. and Section 391 Cr.P.C. in regard to the considerations that
sentence, by way of Criminal
Appeal No. 421 of 2014. The complainant also filed an application under
Section 391 Cr.P.C. in his appeal ... same time, the application of the
complainant under Section 391 Cr.P.C. was also allowed and the case was
remanded with a direction
revision petition under Section 397 read with Section 482
of the Code of Criminal Procedure (hereinafter referred to
as the ' ... matter of obtaining
additional evidence in terms of Section
391 of the Code of Criminal Procedure. A
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Section 138 of Negotiable Instruments Act, whereby an
application, filed on behalf of petitioner/accused under Section 391 of the
Code of Criminal Procedure (herein ... trial Court, was listed for arguments on
3.11.2017, an application under Section 391 Cr.P.C. for leading additional
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Section 138 of Negotiable Instruments Act, whereby an
application, filed on behalf of petitioner/accused under Section 391 of the
Code of Criminal Procedure (herein ... under Section 313 Cr.P.C,
.
but he did not attend the Court on 7.12.2016 and 19.12.2016 and statement
of petitioner under Section 313
petitioner is
that the learned Appellate Court by invoking Section 391 Cr.P.C.
committed an error and exceeded its jurisdiction by directing to
take ... same was conducted by the investigating
authority; provision of Section 391 Cr.P.C. cannot be used as a tool
Crl. Rev. P. 56/2007
