- (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 :- "397. Calling for records to exercise powers of revision. - (I) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior Court, and may, when calling for such record, direct that the execution of any sentence or order be suspended, and if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record. Explanation. - All Magistrates, whether Executive or Judicial, and whether exercising original or appellate jurisdiction, shall be deemed to be inferior to the Sessions Judge for the purposes of this Sub-Section and of Section 398. (2) and (3) ." This Section gives power to High Court as well as to the Court of Session to call for and examine the records of any proceeding of any inferior court.;