Mahendra Nath Rai vs State of U.P.

A.B. Srivastava, J.—On the facts stated this petition can be and is being finally disposed of after hearing the earned counsel for the Applicant and the learned A.G.A.

The Applicant has sought quashing of order dated of the And Additional Sessions, Judge Ghazipur whereby his prayer to get the disputed hand writing of the FIR compared by a Government Expert was rejected.

It is the defence of the accused Applicant in the Sessions Trial he is fasting before the court of Session that the scribe of the FIR. dated 31-6-1990 was Ram Daras Ram then S.O. P.S., Suhwal District Ghazipur, and not a stranger as alleged by the first informant. It being so, after his statement u/s 313 Code of Criminal Procedure the Applicant moved to get the hand writing of the FIR compared with the hand writing of the G.D. Entry No 11 dated 31-6-1990 of the same Police Station admitted by the prosecution to be In i is handwriting of Ram Daras Ram Obviously the Applicant at the stage he was called upon to enter into defence, was entitled to get the disputed handwriting of the FIR compared by a document expert in view of the provisions of Section 47 Evidence Act read with Section 233 of the Code of Criminal Procedure. The observation of the learned Sessions Judge to the contrary therefore, amounts to denial of opportunity of defence to the accused and deserves to be quashed. However, the accused-Applicant will be entitled to get comparison by an expert at his own expense and not by a Government at the State expense.

The application u/s 482 Code of Criminal Procedure is accordingly allowed. The order dated 30-11-1992 of the Additional Sessions Judge is quashed. SI. Ram Daras Ram will be summoned by the court concerned and examined to state whether or not tie disputed FIR is in his handwriting. In the event of bit denial, he shall be required to write as specimen a few sentences of the said FIR In his own handwriting The accused-Applicant may then be allowed opportunity to get the disputed FIR admitted and the specimen handwritings compared by a document expert, and submit his report within a reasonable time fixed by the court to be dealt with according to law.