VAKEEL ANSARI Vs. MANOJ GARG

JUDGEMENT

(1.) Heard.

(2.) By means of this petition moved under Section 482 Cr.P.C., the petitioner has challenged the order dated 10.01.2012, passed by 6 th Additional Sessions Judge, Haridwar, in Criminal Appeal No. 81 of 2009, whereby said court has rejected the application moved by the petitioner under Section 391 Cr.P.C.

(3.) Section 391 of Cr.P.C., empowers the appellate court to take further evidence or to direct that further evidence be taken. It is settled principle of law that the power under the Section should not be exercised lightly or in routine 2 manner. If the power is exercised lightly, it will go against the spirit of fair and speedy trial of the case. Not only this, if the application under Section 391 of Cr.P.C. is allowed, without sufficient reason, it would encourage winning over of the witnesses and manufacturing the evidence.