Shankar Swamy vs State By Hebbal Police Station
2022 Latest Caselaw 1984 Kant

 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:
                               :: 2 ::


                             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.

:: 3 ::

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/-