Skip to main content

Call for Additional Evidence Only in Exceptional Cases, says High Court

The Hyderabad High Court has ruled that  a court has the power to receive additional evidence only in exceptional circumstances and only when the court thinks that refusal  to receive such evidence would result in failure of justice in a criminal revision case. Even the provision for receiving additional evidence in a criminal appeal has to be sparingly used by courts, the High Court has observed.

Justice R Kantha Rao passed this order while dismissing a revision petition filed by one Y Ram Naresh Naidu challenging the dismissal of his revision petition by the sessions judge of fast-track court at Narsapur in West Godavari district of Andhra Pradesh.

The sessions judge had held that the court of revision dealing with criminal revision petition can only examine the legality, propriety or correctness of the order sought to be revised and there is no specific provision in the CrPC permitting additional evidence in revision petitions and the revision petition was, therefore, not maintainable. The petitioner then approached the High Court challenging the lower court’s order.

As for the case details, the respondent wife filed a maintenance case before the judicial magistrate of first class, Palakol seeking maintenance of Rs 5,000 per month. The petitioner husband filed a counter stating that the respondent was not his wife and she had sufficient means to maintain herself and she had been working at a e-Seva centre earning Rs 3,500 a month besides having a building worth Rs 20 lakh.

After considering the entire evidence adduced on either side, the magistrate granted the woman maintenance at Rs 2,500 a month. Feeling aggrieved, the petitioner husband filed a criminal revision petition before the additional sessions judge, Narsapur with a plea to issue summons to the bank manager concerned to produce the account particulars of the respondent wife. The sessions judge dismissed the petition by holding that there was no specific provision in the CrPC permitting additional evidence in revision petitions and, therefore, the revision petition was not maintainable. Then he moved the High Court challenging the said order.

Citing a judgment in Jaiprakash vs Rudra Prasad case, the counsel appearing for the revision petitioner husband said there is no provision in the code which prohibits the revisional court from receiving additional evidence.

After perusing the material on record and the judgments of various courts, justice Kantha Rao observed that if the revisional court thinks that if additional evidence is necessary to do justice and also for proper adjudication, it can take additional evidence. In the instant case, both parties let in evidence in the maintenance case.

The revision petitioner husband contended that the respondent was not his wife but failed to prove the same and, thereby, the magistrate granted maintenance holding that the respondent was the wife of the revision petitioner. Later, the revision petitioner wanted to establish that the respondent had some means which would be revealed if the court examined her bank account, and some bank official was examined in that connection.

The judge is of the view that disallowing the petition filed by the revision petitiioner seeking to adduce additional evidence is quite appropriate and the said order cannot be interfered with in the present criminal petition.

While dismissing the criminal revision petition, justice Kantha Rao said, “Even if it is considered that the court of revision dealing with a criminal revision case has power to receive additional evidence, it must be under exceptional circumstances and only when the court thinks that refusal to receive such evidence would result in failure of justice. Even the provision for receiving additional evidence in a criminal appeal has to be sparingly used by the courts.

Therefore, receiving additional evidence in criminal revision case can be said to be very exceptional. The proceedings under Section 125 of CrPC are intended for affording speedy remedy to the wife to obtain maintenance from the husband. If in revision cases, the additional evidence is allowed to be adduced in a routine manner, it would cause undue hardship to the parties seeking maintenance and ultimately it defeats the very purpose underlying Section 125 of CrPC.”

Article referred: http://www.newindianexpress.com/states/andhra_pradesh/Call-for-Additional-Evidence-Only-in-Exceptional-Cases-says-High-Court/2015/03/23/article2725706.ece

Comments

Most viewed this month

Michigan House Approves 'Right-to-Work' Bill

Amid raucous protests, the Republican-led Michigan House approved a contentious right-to-work bill on  Dec 11 limiting unions' strength in the state where the (Union for American Auto Workers)  UAW was born. The chamber passed a measure dealing with public-sector workers 58-51 as protesters shouted "shame on you" from the gallery and huge crowds of union backers massed in the state Capitol halls and on the grounds. Backers said a right-to-work law would bring more jobs to Michigan and give workers freedom. Critics said it would drive down wages and benefits. The right-to-work movement has been growing in the country since Wisconsin fought a similar battle with unions over two years ago. Michigan would become the 24th state to enact right-to-work provisions, and passage of the legislation would deal a stunning blow to the power of organized labor in the United States. Wisconsin Republicans in 2011 passed laws severely restricting the power of public s...

Power to re-assess by AO and disclosure of material facts

In AVTEC Limited v. DCIT, the division of the Delhi High Court held that AO is bound to look at the litigation history of the assessee and cannot expect the assessee to inform him.  In the instant case, the Petitioner, engaged in the business of manufacturing and selling of automobiles, power trains and power shift transmissions along with their components, approached the High Court challenging the re-assessment order passed against them. For the year 2006-07, the Petitioner entered into a Business Transfer Agreement with Hindustan Motors Ltd, as per which, the Petitioner took over the business from HML.  While filing income tax return for the said year, the petitioner claimed the expenses incurred in respect of professional and legal charges for the purpose of taking over of the business from HML as capital expenses and claimed depreciation. Article referred: http://www.taxscan.in/assessing-officer-bound-look-litigation-history-assessee-delhi-hc-read-order/8087/

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...