Additional evidence in criminal revision allowed where documents were necessary for a just decision and to avoid failure of justice.

Leave was granted to adduce additional evidence in criminal revision because the proposed documents had a direct bearing on the controversy and were considered necessary for a just decision. The Court treated non-production of those documents as capable of causing failure of justice and directed remand of the case records to the trial court for recording the additional evidence, with liberty for the revisionist to rebut it in accordance with law.

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Issues: Whether leave should be granted to the respondent to adduce additional evidence under Section 391 of the Code of Criminal Procedure, 1973 in the criminal revision proceedings.

Analysis: The documents sought to be produced were found to have a direct bearing on the controversy and were considered necessary for a just decision. The Court noted that non-examination of those documents could result in failure of justice. It therefore directed that the case records be remitted to the trial court for recording the additional evidence, with an to the revisionist to rebut the same in accordance with law.

Conclusion: The application for taking additional evidence was allowed and the matter was remitted to the Judicial Magistrate, First Class, for recording such evidence.

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