1 2025:CGHC:25786 HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 679 of 2025 1 - Manish Yadav S/o Sabhapati @ Sabhajit Yadav Aged About 34 Years R/o H. No. 537/03, Pashcim Vihar, Gomati Nagar, P.S. Gomati Nagar, Lucknow (U.P.) (Correctly Mentioned As Per Page No. 20). ... Petitioner versus 1 - State of Chhattisgarh Through Station House Officer, P.S. Old Bhilai, District Durg (C.G.). 2 - Upasana Chandrakar D/o Kanhaiya Chandrakar Aged About 27 Years R/o Sirsakala, P.S. Old Bhilai, District Durg (C.G.). 3 - Ribadiya Dhruvilkumar Harshadbhai S/o Harshad Bhai Aged About 35 Years R/o Patel Para Gir, Gadada Somnath, Gujrat ... Respondents For Petitioner(s) : Mr. Tarendra Kumar Jha, Advocate For the State : Mrs. Pragya Shrivastava, Panel Lawyer. (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 19/06/2025 1. This revision under Section 438 read with section 442 of Bhartiya A ANNAJEE RAO Digitally signed by A ANNAJEE RAO Date: 2025.06.23 17:30:49 +0530 2 Nagarik Suraksha Sanhita, 2023 has been filed against the order dated 15.05.2025 passed in Criminal Appeal No.118/2025 by the VII Additional Sessions Judge, Durg whereby the application filed by the applicant u/s 391 Cr.P.C read with section 432 of BNSS has been rejected. 2. The appellant and co-accused Ribadiya Dhruvilkumar have been convicted and sentenced u/ss 419, 420, 467, 468, 471/34 of IPC by order dated 05.02.2025 passed by JMFC Durg in Criminal Case No.627/2023. Against the said order dated 05.02.2025 both the accused have filed appeal before the appellate Court, which is pending. 3. The prosecution allegation is that by false impersonation the applicant Manish Yadav appeared in Foreign Medical Graduate Examination on 30.07.2023 at ION Digital Zone iDZ SirsakalaBhilai-3 (C.G) in place of other accused. The applicant was arrested on 31.07.2023 and his arrest was communicated to his friend Ratnesh Singh on the same day itself and the receipt was obtained from him. 4. During pendency of the appeal, applicant Manish Yadav filed application u/s 391 Cr.P.C/432 BNSS seeking permission to take additional evidence of Ratnesh Singh regarding the information of accused/applicant’s arrest. 5. Learned counsel for the appellant submits that the learned Appellate Court has erred in law in rejecting the application without assigning any reason and the said application ought to have been considered and decided at the time of final hearing of the appeal. 6. After perusal of the impugned order and the receipt of letter (Annexure A-3) it appears that immediately after the applicant was arrested on 31.07.2023, his friend Ratnesh Singh was communicated about the arrest of the applicant on the same day which was part of Challan. 7. By filing application u/s 391 CrPC, the appellant has sought to record the statement of his friend Ratnesh Singh as additional evidence in the case regarding the information of applicant’s arrest. The learned appellate court 3 while rejecting the application held that during the entire trial the appellant has not challenged the information of applicant’s arrest in any way nor he has filed any objection before the trial Court and even the receipt of information of arrest of the accused is placed on record. Accordingly, it has rejected the said application holding that it would not be appropriate to allow the presentation of additional evidence of Ratnesh regarding the information of applicant’s arrest. 8. It is well settled law that application under Section 391 is not to be allowed on the mere asking of a party and that too without showing valid and appropriate reasons for filing such application in terms of section 391 CrPC. No exceptional circumstances have been brought-forth warranting interference by this Court in the impugned order nor any irregularity has been pointed out in rejecting the application. Hence no necessity has arisen to interfere with the reasons assigned by the Appellate Court in the impugned order dated 15.05.2025. 9. For the foregoing reasons, this revision petition being sans merits is liable to be and is hereby dismissed. Sd/- (Sanjay Kumar Jaiswal) Judge Rao