RETNAKUMAR Vs. REGISTRAR HIGH COURT

JUDGEMENT

(1.) . During the stage of defence evidence in a criminal trial, the accused filed an application in the trial court praying for forwarding a document to the Forensic Science Laboratory for its expert opinion on a certain aspect. But the trial court dismissed the application by the impugned order. The accused has, therefore, filed this petition under S. 482 of the Code of Criminal Procedure (for short 'the Code') for quashing the order.

(2.) PROSECUTION proceedings against the petitioner/ accused were initiated when the Registrar of the High Court filed a complaint against him in the court of Chief Judicial magistrate alleging that the accused produced before the High Court a forged document purporting to be a bank guarantee. Learned Chief Judicial Magistrate took cognizance of the offences alleged and the trial proceeded against the petitioner upto defence evidence stage. Petitioner then filed an application in the trial court praying that the questioned document (which has been marked as Ext. P10 in the trial court) may be forwarded to the Forensic Science Laboratory along with another document (which is said to be the verification report submitted to the same bank) for ascertaining whether both documents were type-written on the same typewriter. Learned Chief Judicial. Magistrate, while dismissing the application, has stated as follows: "the company may manufacture more than one typewriter having identical letters. The similarity of the letters by itself is not sufficient to come to a conclusion that it was typed in the very same typewriter. As contended by learned Public Prosecutor no useful purpose will be served by sending these two documents, I do not find any reason to allow the request of the petitioner".

(3.) BE that as it may, the more important question in this criminal Miscellaneous Case is whether an accused can, at the stage of defence evidence, seek the court's help to have any document examined in the Forensic science Laboratory. Such examination belongs to the realm of investigation. Perhaps such examination can be brought under enquiry. Learned Public prosecutor contended that if the said course gains approval trial in many cases could be stalled by the defence by resorting to it, oral least the trial would remain in animated suspense for a long time since the Forensic Science laboratory would normally take a long time to send its report. He pointed out that even prosecution cannot be permitted to report to such investigative process when once the trial started in the case.