NIRMAL BHATTACHARYA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Nagmani Tiwari, learned counsel for the petitioners, Mr. Harsh Chandra, learned counsel for opposite party no.2 and Mrs. Priya Shrestha, learned counsel for the State.

(2.) This petition has been filed for quashing of the order dtd. 19/1/2017 passed in Criminal Appeal No.141/2012 by the learned Additional Sessions Judge-V, Jamshedpur whereby the petition filed by the petitioners under Sec. 391 Cr.P.C. for accepting additional evidence has been rejected.

(3.) Mr. Nagmani Tiwari, learned counsel for the petitioners submits that the petitioners are innocent. The petitioners have been convicted under Ss. 452/457 of the Indian Penal Code. Against that order, an appeal has been filed by the petitioners before the learned appellate court. He further submits that a petition dtd. 17/2/2016 has been filed by the appellants in the said appeal for exhibiting two judgments before the appellate court. He also submits that the learned court has rejected the said petition without appreciating the purpose of filing of that petition. He refers the statement of P.W.5, who happens to be the informant and submits that so far as the power of attorney is concerned, that has been admitted that the same has been issued in favour of petitioner no.2. He also submits that the appellate court is having power to accept additional evidence under Sec. 391 Cr.P.C.