PRAMOD GUPTA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Section 482 of Cr.P.C. is preferred for quashing the order dated 21.11.2012 passed by the Sessions Judge, Bhind in Criminal Appeal No.177/2012 whereby an application under Section 391 of Cr.P.C. filed by the petitioner herein/accused has not been decided.

(2.) Learned counsel for the petitioner submits that during the course of hearing of criminal appeal, the petitioner herein/accused submitted an application under Section 391 of Cr.P.C., for taking additional evidence, i.e., examining Head Constable, Shiv Dayal, who had been mechanically examined the vehicle but the Court below neither allowed the application nor rejected the same, but deferred for deciding it at the time of final hearing. It is further submitted that Section 391 of Cr.P.C. provides that the application has to be decided before hearing the final arguments of appeal. Learned counsel further submits that the impugned order passed by the Court below is against the law, therefore, the impugned order may be set-aside and a direction may be issued to decide the application before hearing the appeal finally to the Court below.

(3.) In response, learned Public Prosecutor has argued in support of the impugned order and prayed for rejection of the petition.