SUDEVANAND versus STATE THROUGH CBI

SUDEVANAND versus STATE THROUGH CBI

High Court erred in refusing the appellants' prayer for summoning the approver for further cross-examination solely on grounds of delay; as long as appeals are pending, request must be considered on merits and in light of relevant legal provisions, particularly Section 391 Cr.P.C. which empowers Appellate Court to take additional evidence to arrive at truth.

Parties
Appellant: Sudevanand; Appellant: Santoshanand Avadhoot; Appellant: Ranjan Dwivedi; Respondent: State Through CBI
Jurisdiction
India
Judgment Date
19 January 2012
Procedural Posture
Criminal Appeal / Appeal Against High Court Order in Criminal Appeal No. 443 of 1976
Outcome
Appeals allowed
Legal Topics
Summoning Witnesses, Cross Examination, Additional Evidence on Appeal, Delay in Appeals, Approver Testimony, Section 391 Cr.p.c., Section 311 Cr.p.c.
Criminal Law Summoning Witnesses Cross Examination Additional Evidence on Appeal Delay in Appeals Approver Testimony Section 391 Cr.p.c. Section 311 Cr.p.c.

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Parties

Sudevanand

Appellant

Santoshanand Avadhoot

Appellant

Ranjan Dwivedi

Appellant

State Through CBI

Respondent

Procedural Posture

Criminal Appeal / Appeal Against High Court Order in Criminal Appeal No. 443 of 1976

Legal Issues

  1. 1 Whether High Court erred in refusing to summon approver for further cross-examination under Sections 311 and 391 Cr.P.C.
  2. 2 Whether delay in filing applications was sufficient ground to reject appellants' applications for summoning approver

Ratio Decidendi

High Court erred in refusing the appellants' prayer for summoning the approver for further cross-examination solely on grounds of delay; as long as appeals are pending, request must be considered on merits and in light of relevant legal provisions, particularly Section 391 Cr.P.C. which empowers Appellate Court to take additional evidence to arrive at truth.

Court Disposition

Appeals allowed

Orders

  • High Court's refusal to summon the approver (PW.1) for further examination is set aside.
  • High Court directed to summon Vikram (PW.1) for further examination by appellants and CBI.