Orissa High Court
Arjun Senapati vs Narayan Prasad Joshi .... Opposite ... on 20 February, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.2427 of 2024
Arjun Senapati .... Petitioner(s)
Mr. P. K. Rath, Senior Advocate
along with Ms. V. Mishra, Advocate
-versus-
Narayan Prasad Joshi .... Opposite Party(s)
Mr. B. S. Joshi, Advocate
CORAM: JUSTICE SIBO SANKAR MISHRA
ORDER
Order No. 20.02.2025
05. 1. Heard.
2. The petitioner is aggrieved by the order dated 17.05.2024
passed by the learned District & Sessions Judge, Nuapada in
Criminal Appeal No.16 of 2023, whereby his application under
Section 391 Cr.P.C. has been rejected.
3. Mr. Rath, learned Senior Counsel for the petitioner at the
outset submits that the application moved by the petitioner under
Section 391 Cr.P.C. is not happily worded and appropriate cause
have not been given. Nevertheless, the learned trial Court while
rejecting the application has not assigned any adequate reasons. He
has relied upon a judgment of the Hon'ble Supreme Court in the
case of Brig. Sukhjeet Singh (Retd.) MVC vrs. The State of Uttar
Pradesh and others in Criminal Appeal No.148 of 2019 and drawn
my attention to paragraphs-15 & 16 of the said judgment.
Paragraphs-15 & 16 of the said judgment reads as under:-
"15. This Court again in Rambhau and Another Vs.
State of Maharashtra, (2001) 4 SCC 759 had noted the
power under Section 391 Cr.P.C. of the Appellate Court.
Following was stated in paragraph Nos. 1 & 2:-
"1. There is available a very wide discretion in the
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)
would reveals the same.........
2. A word of caution however, ought to be introduced
for guidance, to wit: that this additional evidence
cannot and ought not to be received in such a way so
as to cause any prejudice to the accused. It is not a
disguise for a retrial or to change the nature of the
case against the accused. This Court in the case of
Rajeswar Prasad Misra v. State of W.B. in no
uncertain terms observed that the order must not
ordinarily be made if the prosecution has had a fair
opportunity and has not availed of it. This Court was
candid enough to record however, that it is the
concept of justice which ought to prevail and in the
event, the same dictates exercise of power as
conferred by the Code, there ought not to be any
hesitation in that regard."
16. From the law laid down by this Court as noted above,
it is clear that there are no fetters on the power under
Section 391 Cr.P.C. of the Appellate Court. All powers are
conferred on the Court to secure ends of justice. The
ultimate object of judicial administration is to secure ends
of justice. Court exists for rendering justice to the people."
4. Relying upon the said judgment, Mr. Rath, learned Senior
Counsel further submits that in view of the settled position of law,
the learned trial Court ought to have dealt with the application
under Section 391 Cr.P.C. moved by the petitioner in accordance
with law and dispose of the same by giving adequate reasons. In
absence of reasons, the impugned order is bad in law.
5. I have gone through the documents placed before this
Court and the law operating in the field. I am of the considered
view that the impugned order dated 17.05.2024 passed by the
learned District & Sessions Judge, Nuapada in Criminal Appeal
No.16 of 2023 by which the application has been rejected is not
well reasoned. Hence, the same is set aside. The petitioner is
granted liberty to move fresh application before the Appellate
Court. If such application is moved, the same shall be dealt with the
in accordance with law on the basis of materials available on
record.
6. Having said that, I am also of the view that the learned
Appellate Court may also explore the possibility of settlement
through mediation process. Learned counsels appearing for both the
parties are also of the similar view. Before proceeding with the
Appeal, the learned Appellate Court is expected to explore the
possibility of settlement in the present matter.
7. With this observation, the CRLMC is disposed of.
(S.S. Mishra)
Judge
Swarna
Designation: Senior Stenographer
Location: High Court of Orissa
Date: 21-Feb-2025 11:45:47
