filed by her
client under Section 391 Cr.P.C.
This Court finds merit in this submission.
Section 391 Cr.P.C. authorizes an appellate ... said
application filed under Section 391 Cr.P.C. At this stage, it may be noted
that Section 391 Cr.P.C. empowers an appellate
justice?
12. Chapter XXIX of the Code of Criminal
Procedure , 1973 deals with "Appeals". Section 391
Cr.P.C. empowers the Appellate Court ... evidence in
terms of Section 391 of the Code of Criminal
Procedure. A plain look at the statutory
provisions ( Section 391 ) would reveal the
same
decline the prayer under Section 391 Cr.P.C
Section 391 Cr.P.C is extracted herebelow:-
Section 391 Appellate Court may take further evidence ... inquiry or trial or any
other proceedings under the Code while power under Section 391 Cr.P.C
gives power to an Appellate Court
object of the provisions of Section 391 Criminal Procedure
Code is the prevention of a guilty man's escape through some
careless or ignorant ... analysis of the Criminal Procedure Code , Section 391 is
thus akin to Order 41, Rule 27 of the C.P. Code."
(Emphasis added
Criminal)
2983, held as under:-
"1. By way of these criminal misc. petitions filed under Section
482 of Criminal Procedure Code , the complainant petitioner ... learned appellate court while
allowing the application made under Section 391 of Criminal
Procedure Code , directed the learned trial court to take the
reply
legal procedure in setting aside the judgment of
acquittal by partly allowing the appeal, while allowing an application under
Section 391 ... Criminal Appeal No.148 of 2019 (arising out of SLP (Crl.)
No.1120/2017) that the powers under Section 391
Criminal 895, while dealing with the matter relating to rejection of
application filed by the appellant under Section 391 Cr.P.C. before
the Sessions ... Criminal appeal filed by him against the
conviction order, held that power to take additional evidence under
Section 391 CrPC is with
passed by the Lower Appellate Court vide
which the application filed under Section 391 Cr.P.C. filed by the
petitioner for leading additional evidence ... under
Section 18(a)(i) read with Section 17-A of the Act held that the
petitioner has committed the offence punishable under Section
even an application
under Section 311 Cr.P.C. had earlier been moved and dismissed, and the
present application under Section 391 ... Criminal) 804, wherein
it has been held that the power to take additional evidence at the appellate
stage under Section 391 Cr.P.C. cannot
under Section 482 of the Code of Criminal Procedure
for quashing of the orders dated 24.04.2024,
2024, whereby the application filed under
Section 391 ... would be apposite to
notice the provisions of Section 391 Cr.P.C. Section 391 Cr.P.C. empowers the
Appellate Court, while dealing with
