Ravinder Kumar vs Sandeep
2022 Latest Caselaw 15508 P&H

CRM-M-53835-2022                                                         -1-
237


      IN THE HIGH COURT OF PUNJAB & HARYANA
                  AT CHANDIGARH
                                        ****

CRM-M-53835-2022 Date of Decision: 01.12.2022

Ravinder Kumar ..... Petitioner

Versus

Sandeep ..... Respondent

CORAM: HON'BLE MR. JUSTICE HARSH BUNGER

Present: Mr. Sukhdeep Singh, Advocate for Mr. Parminder Singh, Advocate for the petitioner.

Mr. Chirag Wadhwa, Advocate for the respondent.

*****

HARSH BUNGER J. (ORAL)

Prayer in this petition filed under Section 482 Cr.P.C. is for

setting aside order dated 10.11.2022 (Annexure P-5), passed by the learned

Additional Sessions Judge, Karnal, whereby request of the petitioner for

deciding the application under Section 391 Cr.P.C., filed prior to the

decision of main appeal, was not accepted and the case was adjourned for

arguments in the said application as well as the main appeal. By way of this

petition, the petitioner has prayed that an appropriate order/direction be

issued to the lower Appellate Court to decide the application under Section

391 Cr.P.C., filed by him in the main appeal, at the first instance before

deciding the appeal itself.

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Pursuant to order dated 21.11.2022, Mr. Chirag Kundu,

Advocate has appeared and filed Vakalatnama on behalf of the respondent

in Court today, which is taken on record, subject to all just exceptions.

Learned counsel for the petitioner has placed reliance upon the

judgment of the Hon'ble Apex Court passed in "Asim @ Munmun @ Asif

Abdulkarim Solanki Vs. State of Gujarat", 2020(3) AICLR 558, to submit

that an application filed under Section 391 Cr.P.C. should be heard

immediately after it is filed, without waiting for the appeal to be finally

heard. The relevant extract of the said judgment is reproduced as under:

" - x - x -

3. Section 391 of the Cr.P.C. does not impose any restriction as to when the application filed for adducing additional evidence should be heard by the High Court. In fact, we are of the opinion that it is desirable that an application filed under Section 391 should be heard immediately after it is filed without waiting for the appeal to be finally heard.

- x - x -"

Learned counsel for the respondent submits that the matter is

now listed before the learned lower Appellate Court for 05.12.2022 and he

has no objection if the application under Section 391 Cr.P.C., filed by the

petitioner herein, is decided prior to decision of the main appeal.

Without making any observation on the merits of the case or the

application filed under Section 391 Cr.P.C., the lower Appellate

Court/Additional Sessions Judge, Karnal, who is seized of the appeal

bearing No.462 of 2016 titled as "Ravinder Vs. Sandeep" (Annexure P-5) ,

is directed to hear the application under Section 391 Cr.P.C., filed by the

petitioner, on the date already fixed, i.e. 05.12.2022, and in any case, within

a period of two weeks thereafter and then proceed to decide the main 2 of 3

appeal, in accordance with law.

The instant petition is accordingly disposed of.

01.12.2022                                      (HARSH BUNGER)
Apurva                                              JUDGE

             1. Whether speaking/reasoned :           Yes/No

             2. Whether reportable             :      Yes/No




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