CHIMANLAL BHOGILAL SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Revision Application is directed against the order of the City Magistrate 5 Court Ahmedabad rejecting the application given by the present petitioner for supply of copies of relevant documents mentioned therein.

(2.) An application was submitted by Ramniklal Pragjibhai who was the original accused No. 1 on 1-5-1972 with a request that copies of the statement of reasons given by the Hand-writing expert and other relevant documents be supplied to him. The learned City Magistrate rejected the application on the ground that his was an inquiring Court and that Court had only to commit the case. The relevant observations are as under :-

(3.) Mr. A. D. Shah the learned advocate for the petitioner urged that in the instant case the learned Magistrate was clearly in error in refusing to supply atleast the copy of the reasons of the opinion of the Hand-writing expert. He urged that an opinion of an expert has no value unless it is supported by reasons. Therefore unless a copy of the reasons is supplied to the accused the accused would not be in a position to controvert the opinion given by the Hand writing expert. Mr. Shah submitted that in the interests of justice it was essential that a copy of the reasons of the hand writing expert for arriving at a particular opinion be supplied to the accused. He also submitted that in order that the accused may come to know about the particulars of the documents relied upon by the Hand writing expert it would be necessary for him to have a copy of the forwarding letter sent by the police to the Hand writing expert showing the particulars of the documents enclosed therewith. He therefore also prayed that a copy of the forwarding letter of the police sent to the hand writing expert be supplied.