SC: It is desirable that an application u/s 391 CrPC is heard immediately

The Hon’ble Supreme Court, on 28th January 2020, in the matter of Asim @ Munmun @ Asif Abdulkarim Solanki v. The State Of Gujarat observed that it is desirable that an application filed under Section 391 CrPC should be heard immediately after it is filed without waiting for the appeal to be finally heard.

The Hon’ble Supreme Court observed that: 

Section 391 of the Cr.P.C., empowers the Appellate Court to either take evidence by itself or direct the evidence to be taken by a Magistrate or a Court of Session, if it is satisfied that the additional evidence is necessary, after recording reasons. (Para 2)

Section 391 of the Cr.P.C. does not impose any restriction as to when the application filed for adducing additional evidence should be heard by the High Court. (Para 3)

It is desirable that an application filed under Section 391 should be heard immediately after it is filed without waiting for the appeal to be finally heard. (Para 3)

Copy of order: Order_28-Jan-2020

-Adv. Tushar Kaushik

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