MADHUP BHURA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This petition under Article 226/227 of the Constitution of India has been filed seeking setting aside of order dtd. 4/8/2022, whereby, the application under Sec. 391 of the Cr.P.C filed by the petitioner was dismissed by learned 7th Additional Sessions Judge, Durg in the Criminal Appeal No.38/2017.

(2.) Learned counsel for the petitioner submits that the petitioner was prosecuted before the trial Court for the offence punishable under Sec. 420 of the IPC in Criminal Case No. 672 of 2010 which was decided on 2/3/2017 and the petitioner has been convicted vide Annexure-P1. Subsequent to that, the petitioner filed an appeal registered as CRA No. 39/2017 before the Court of Sessions Judge, Durg, challenging his conviction and the same is pending consideration. In the meantime, the petitioner has obtained some documents showing allotment of disputed land in his favour by Bhilai Steel Plant, which demonstrate his innocence. These documents were not filed along with charge-sheet and these documents were not in possession of the petitioner at the time when the case was pending before the trial Court. In these circumstances, the petitioner filed an application under Sec. 391 of the CrPC before the appellate Court seeking permission to lead additional evidence. However, the appellate Court vide order dtd. 4/8/2022 dismissed the application preferred by the petitioner under Sec. 391 and posted the matter for final arguments. Therefore, it is submitted by counsel for the appellant that the impugned order dtd. 4/8/2022 passed by the Appellate Court be quashed and the application filed by the petitioner under Sec. 391 be allowed.

(3.) Learned counsel for the State as well as for the Complainant would oppose the petition and support the impugned order. They submit that the writ petition is not maintainable and the order passed by the learned Appellate Court is in accordance with law.