Code of Criminal Procedure, 1973–Secs. 391 & 482–Rejection of misc. petition against the order of dismissal of application u/s. 391–Reason given by High Court that the application was filed at belated stage and with some ulterior malafide motive or delaying the decision of appeal–Observations of High Court cannot be approved as :
(i) Appellant filed the appeal immediately after passing of order as regard to his conviction–It was not mentioned by High Court that when the appeal was being heard, the application u/s. 391 was filed.
(ii) Trial Court had refused to take in consideration the same evidence as it was not proved by appellant–Filing of certified copies of second trust deed and resolution cannot be said to be malafide motive of the appellant as he has right to take all grounds.
(iii) Prosecution took the time of twelve years in leading evidence and appeal was immediately filed by appellant, how he can be castigated for causing the delay in appeal.
Held, observations made by High Court were unduly misplaced and incorrect.
Brig. Sukhjeet Singh (Retd.) MVC vs. State of Uttar Pradesh & Ors. – (SC)
₹40.00 ₹4.00
