VAKEEL ANSARI Vs. MANOJ GARG
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
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(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
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.;
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