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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUMEET GOEL
Prabh Kiran Singh Alias Prabhkiran Singh – Appellant
Versus
Gurmail Singh Khinda – Respondent
JUDGMENT :
Sumeet Goel, J. (Oral)
Learned counsel for the petitioner, at the outset, has submitted that the instant petition has been filed, inadvertently, as a criminal revision before this Court, which is not maintainable in terms of dicta passed by the Hon'ble Supreme Court in a case titled as Sethuraman versus Rajamanickam; 2009(5) SCC 153. He has further averred that the present petition be treated as a Criminal Miscellaneous Petition under Section 528 of the BNSS, 2023.
In the interest of justice, the prayer is accepted. The instant petition is being treated as a petition under Section 528 of BNSS, 2023.
1. The present petition has been filed seeking quashing of the order dated 25.04.2025 passed by learned Judicial Magistrate 1st Class, Chandigarh whereby the application filed by the respondent (herein) -complainant, under Section 311 of Cr.P.C. of 1973 was allowed and respondent - complainant was permitted to lead the additional evidence.
2. Learned counsel for the petitioner has iterated that the petitioner has filed a detailed reply specifically opposing the application for additional evidence on the ground that the respondent - complainant has failed to disclose any particular
The power to receive additional evidence under Section 391 of the Cr.P.C. should be exercised sparingly and only in exceptional cases where it is necessary for rendering substantial justice.
Production of additional evidence – Appellate court ought not to have assumed things and drawn adverse inference as against documents that are proposed to be received in evidence.
The court reinforced that under Section 391 Cr.P.C., additional evidence may be admitted to prevent failure of justice, emphasizing the need for fair consideration of crucial documents.
The admission of additional evidence under Section 391 Cr.P.C. is justified only in exceptional circumstances where not doing so may lead to a miscarriage of justice.
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