- (1.) Petitioners have preferred this petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.' in short) challenging the order dated 01.08.2012 whereby application moved by the petitioners for permission to lead additional evidence was dismissed.
(2.) Learned Senior counsel for the petitioners has submitted that the physical verification report dated 11.06.1996 was very essential for the just decision of the case. The said report was not earlier in the knowledge of the petitioners and hence could not be proved on record during trial. However, now the petitioners had obtained information under the Right to Information Act, 2005 and had got the report of physical verification dated 11.06.1996 which showed that there was no shortage.
(3.) After hearing learned Senior counsel for the petitioners, I am of the opinion that the instant petition deserves dismissal. As per Section 391 Cr.P.C., the Appellate Court in appeal can allow any of the parties to lead additional evidence if it is essential for the just decision of the case. The FIR in question was registered on 05.01.1999. The petitioners were convicted and sentenced by the trial Court vide judgment/order dated 30.10.2007 under Section 409 of the Indian Penal Code and Section 7 of the Essential Commodities Act, 1955.;