Ajay Kumar Garg vs Gaurav & Anr

The Supreme Court held that the High Court's order summoning additional evidence under Section 391 of the Criminal Procedure Code, 1973, was unsustainable as it failed to record cogent reasons for the necessity of such evidence. The Court emphasized that the power to admit additional evidence must be exercised with caution and requires a judicial approach, particularly when the evidence could be prejudicial to either party. The appeal was allowed, and the impugned order was set aside due to non-application of mind by the High Court.