VINOD KUMAR Vs. MOHRAWATI

JUDGEMENT

(1.) The present application under Section 482, Cr. P.C. has been filed by one Vinod Kumar challenging the order dated 7-10-1989 passed by the VIth Addl. Sessions Judge, Faizabad, rejecting the application moved by the revisionist for accepting additional evidence in revision. The learned Addl. Sessions Judge rejected the said application holding that the Court has no jurisdiction to accept additional evidence in revision. The sole point involved in this petition is whether Sessions Court has power to accept additional evidence in revision or not.

(2.) The facts of the case are that opposite party Smt. Mohrawati moved an application for maintenance under Section 125, Cr. P.C. before the Magistrate concerned who by his order dated 30-3-1987 awarded maintenance of Rs. 300/-. Aggrieved by the said order Vinod Kumar filed a revision and in revision he also moved an application for permission to file some papers as additional evidence. The learned Addl. Sessions Judge concerned by order dated 7-10-1989 rejected the said application holding that there is no provision in the Code of Criminal Procedure for adducing evidence in revision. The learned Addl. Sessions Judge while disposing of the application relied on a case of this court in Smt. Zaitoon v. State of U.P. 1987 All WC 640 in which it was held that the Sessions Judge could not accept any evidence at the stage of revision. In my opinion the above mentioned decision is not a good law as in the said case neither any provision of the Criminal Procedure Code had been considered nor the earlier decision of this Court was considered. The earlier case decided by a Bench of this Court is reported in Darshan Singh v. Indra Kumar Mehta 1980 All Cri C 146.

(3.) Section 397(1) of the Cr. P.C. runs as under :-