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Suri.Sravan Kumar (senior)     20 July 2015

Procedure in criminal appeal

I want to file some  High court judgements and lower court judgement as addl documents in Criminal appeal . The Appellate court judge did not receive them and asked me to file through petition.

Kindly tell me the procedure as well as section of law.

sravankumar

Advocate

suriadvocate@yahoo.com



Learning

 4 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     23 July 2015

Production of Additional documents in Appeal-order 41 rule 27 of CPC.

Production of documents in Appeal-order 41 rule 27 of CPC.

 

 

27 additional evidence in Appellate Court.- (1) The parties to an appeal shall not be entitled to produce additional evidence, whether oral or documentary, in the Appellate Court. But if—

(a) the court from whose decree the appeal is preferred has refused to admit evidence which ought to have been admitted, or

(aa) the party seeking to produce additional evidence, establishes that notwithstanding the exercise of due diligence, such evidence was not within his knowledge or could not, after the exercise of due diligence, be produced by him at the time when the decree appealed against was passed, or

(b) the Appellate Court requires any document to be produced or any witness to be examined to enable it to pronounce judgment, or for any other substantial cause, the Appellate Court may allow such evidence or document to be produced, or witness to be exam med.

(2) Whenever additional evidence is allowed to the produced, by an Appellate Court, the court shall record the reason for its admission.

SAINATH DEVALLA (LEGAL CONSULTANT)     23 July 2015

Hope the a obove extract could be helpful to U

R Trivedi (advocate.dma@gmail.com)     22 August 2015

TGK Reddy (FARMER) has read your question properly. You are not required to file any order / judgement of the court, a simple reference along with what is the point you wish to highlight will suffice. But even then if you wish to supply the copy, you can do as advised by TGK Reddy. Make sure that you file the written MOA on the same date of your concluding argument and just before concluding the same, a copy may also be required to be given to other party.

adv.raghavan (Advocate,9444674980)     23 August 2015

You can try under 391(1) crpc


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