AJAY KUMAR GARG vs GAURAV

The Supreme Court emphasized that the exercise of discretion under Section 391 of the Code of Criminal Procedure requires the recording of reasons, which is a condition precedent for its application. The Court held that the High Court's order, which failed to consider this requirement and lacked proper reasoning, constituted a non-application of mind, thus rendering the order invalid. Consequently, the appeal was allowed, the impugned order was set aside, and the matter was remanded for fresh consideration regarding additional evidence.