SARITA AND ORS. Vs. MUNNI DEVI

JUDGEMENT

(1.) By this criminal misc petition, a challenge is made to the order dated 14.10.2014, passed on the application under section 391 CrPC. The application aforesaid was dismissed as not found maintainable to produce documentary evidence at the appellate stage.

(2.) Learned counsel for petitioners has referred certain judgments, wherein, it is held that documentary as well as oral evidence can be allowed under section 391 CrPC. In view of above, prayer is made to set aside the impugned order and allow the application.

(3.) Learned counsel for non-petitioner submits that section 391 CrPC applies only for oral evidence and not for documentary. He has referred judgment of this court in the case of "Jugal Kishore versus Roshan Lal, 1999 CrLR 204". The prayer is made to dismiss the petition as application under section 391 CrPC is not maintainable to lead documentary evidence. Various paras of the judgment in the case of Jugal Kishore were referred to show as to why section 391 CrPC is not applicable to lead documentary evidence at the appellate stage.