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1998 Supreme(Ori) 60

R.K.DASH
GAVE DEI – Appellant
Versus
SUBASINI DEI – Respondent


Advocates Appeared:
A.DAS, B.PANDE, L.MOHAPATRA, M.R.MOHANTY, S.Mishra, S.R.MOHAPATRA

R. K. DASH, J.


( 1 ) THE short but interesting question that arises for consideration in the present petition filed under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'the Code') is whether the learned Additional Sessions Judge, Khurda, was justified in permitting the appellants, opposite parties herein, to adduce additional evidence in the appeal preferred by them against their conviction and sentence recorded by the learned Judicial Magistrate, First Class, Khurda in ICC No. 185 of 1990.

( 2 ) FOR better appreciation, a few facts giving rise to the present revision may be stated thus :the opposite parties faced trial in the aforesaid complaint case lodged by the present petitioner. Upon trial they were found guilty under Sections 323 and 354, I. P. C. and sentenced to pay a fine of Rs. 200/- for each offence, in default to undergo rigorous imprisonment for one month each. Against that judgment and order of conviction the opposite parties preferred Criminal Appeal No. 153/107/141 of 1995/92/91. While the appeal was pending adjudication, the/opposite parties filed a petition to call for certain documents from the Regional Office of Food Corporation of India, Van







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