High Court of Punjab and HaryanaCRM-M/8490/2023dismissed

Kamlesh Rani And Another v. Kanta

2023-02-28Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-8490-2023 Decided on : 28.02.2023 Kamlesh Rani and another ...... Petitioners

Versus

Kanta ...... Respondent CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. Pradeep Panwar, Advocate for the petitioners.

**** Manjari Nehru Kaul, J.(Oral) The petitioners are impugning the order dated 21.01.2023 (Annexure P-1) passed by learned Addl. Sessions Judge, Panipat vide which their application filed under Section 391 Cr.PC for producing some material documents by way of additional evidence was dismissed. Learned counsel for the petitioners inter alia contends that the Lower Appellate Court while dismissing their application under Section 391 Cr.PC failed to appreciate that the additional evidence, which the petitioners were seeking to adduce was necessary for the proper and just adjudication of the appeal. Learned counsel submits that on account of the dismissal of their application under Section 391 Cr.PC, the petitioners had suffered grave injustice.

Heard learned counsel and perused the relevant material available on record including the impugned order. A perusal of the impugned order reveals that though the petitioners did file an application under Section 391 Cr.PC for adducing SONIA BURA 2023.03.02 10:58 I attest to the accuracy and integrity of this document

CRM-M-8490-2023 -2additional evidence, however, as to what evidence they wanted to adduce, was not even mentioned in the said application. Therefore, the Lower Appellate Court did not commit any error in dismissing the application filed by the petitioners. This Court also concurs with the observations made by the learned Lower Appellate Court that the application had seemingly been filed only to cause delay in the decision of the appeal pending before it. As a sequel to the above, the instant petition being devoid of any merit stands dismissed.

(MANJARI NEHRU KAUL) JUDGE 28.02.2023 sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2023.03.02 10:58 I attest to the accuracy and integrity of this document