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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TIRUMALA DEVI EADA
Nukala Sugunamma – Appellant
Versus
Mamidi Prabhakar – Respondent
| Table of Content |
|---|
| 1. order dismissed; petitioner seeks additional evidence. (Para 1 , 3 , 6) |
| 2. additional evidence relevance in cross-examination. (Para 4 , 10) |
| 3. contradictions in evidence addressed by court. (Para 8 , 9) |
| 4. court upholds dismissal; no merit in petition. (Para 11) |
| 5. criminal petition dismissed with order closure. (Para 12) |
ORDER:
TIRUMALA DEVI EADA, J.
This Criminal Petition is filed by the petitioner-accused aggrieved by the order dated 17.07.2023 passed in Crl.MP No.7 of 2025 in Crl.A. No.21 of 2021 by the V Additional Sessions Judge at Miryalaguda, Nalgonda District, whereunder the petition filed under Section 391 Cr.P.C., seeking to adduce additional evidence before the Sessions Court, is dismissed.
2. Heard Sri G. Sundaresan, learned counsel for the petitioner, Sri N.V. Anantha Krishna, learned counsel for the respondent No.1 and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for the respondent No.2-State.
3. The learned counsel for the petitioner has submitted that the petitioner is the accused in CC No.1235 of 2015 for the offence under Section 138 of the Negotiable Instruments Act (for short ‘NI Act’) and the same ended in conviction and sent
The court upheld that under Section 391 Cr.P.C., the introduction of additional evidence must be relevant and not merely to fill gaps in an already established case. The dismissal of the petition was....
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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