Banda Krishna Reddy v. P. Ekamber Rao

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1031 OF 2016 ORDER:

The petitioner has preferred the present criminal revision case by invoking the provisions under Sections 397 and 401 of Code of Criminal Procedure (Cr.P.C.,) being aggrieved by the order, dated 07.01.2016, passed in Crl.M.P.No.532 of 2015 in Crl.A.No.86 of 2014 by the Court of the I Additional Sessions Judge at Nalgonda, whereby the learned Judge dismissed the petition filed by the petitioner seeking a direction to the first respondent herein to produce the bye-law, payment of premium particulars and receipt of amount from Satya Durga Chitfund Private Limited to prove the source of income of the complainant. Heard and perused the material available on record. Learned counsel for the petitioner submits that the Court below erroneously dismissed the miscellaneous petition as without the said documents, due justice would not be done.

He further submits that the Court below ought to have seen that there is no bar to call for the additional evidence as requested by the petitioner herein. Hence, he prays this Court to set aside the order of the Court below.

8. Directing the complainant to produce the bye-laws of the chit fund to prove his non-source of income amounts to receive the additional evidence.

9. Additional evidence must not be received as a disguise for retrial or to change the nature of the case against either of the parties.

10. Such power of summoning the witness to produce the additional evidence must be exercised, provided that the evidence is likely to be tendered by a witness, is germane to the issue involved. In view of the above reasoning given by the Court below, this Court is of the view that the Court below has rightly dismissed the petition filed by the petitioner. Hence, the Order of the Court below is not interfered with by this Court. The Criminal Revision Case fails and is liable to be

dismissed.

The Criminal Revision Case is accordingly dismissed.

Consequently, the miscellaneous petitions filed in this revision, if any, shall stand closed.

_____________________ JUSTICE RAJA ELANGO 24.06.2016 pln