ARUN KUMAR SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner seeks calling of reports of hand-writing expert pertaining to Crime No. 355/98 of Police Station, Kotwali, Panna, for perusal of this Court in exercise of powers, so also the relief of appointment of some independent impartial investigation officer.

(2.) AS per this petitioner, he was posted as Circle Organizer in Tribal Welfare Department at Panna since 11-8-1997 to 26-9-2001 and was incharge Branch Manager, Tribal Finance and Development Corporation, Panna, also holding additional charge. On the report of Collector, Panna, Crime No. 355/98 was registered at Police Station, Kotwali, Panna, against this petitioner for offences punishable Section 409, IPC and Section 13 of the Prevention of Corruption Act. The case was handed over to non-applicant No. 5 for investigation, in course of which, the hand-writing of the petitioner was obtained and the same was sent for examination to Government hand-writing expert. Then, the petitioner moved an application in this Court seeking relief of anticipatory bail which was registered as M. Cr. C No. 8216/99. On account of non-production of report of the hand-writing expert, as called by the Court, this Court was pleased to grant ad interim anticipatory bail to the petitioner by order dated 31-3-2000, the copy of which is marked as Annexure-A. Therefore, this Court was further pleased to discharge the petitioner from anticipatory bail, by order dated 30-6-2000, on the ground of non-furnishing of the report of hand-writing expert, in spite of affording many opportunities. The copy of this order dated 30-6-2000 was ordered to be forwarded to non-applicant Nos. 2 and 3 which is marked as Annexure-B. In the light of observation made by this Court in order dated 30-6-2000, passed in M. Cr. C. No. 8216/99, Additional D. G. P. punished non-applicant No. 5 by withholding his one increment. Since, the appeal filed by non-applicant No. 5, challenging the aforesaid order stood disallowed on 28-12-2001, he is making all attempts to concoct the evidence against this petitioner, with dishonest intention and compelling the hand-writing expert to prepare the report as he desires by bringing pressure over him.

(3.) IT is also the case of petitioner that on the cheques and documents in question, the hand-writing of this petitioner was not found, as informed by hand-writing by hand-writing expert, through his letter No. CI. D. /q. D. /c. X.-258/2000, dated 2-2-2001, still the non-applicant No. 5 is making attempts to change the report with intent to concoct false evidence against this petitioner and hence, the reports of hand-writing expert bearing No. C. I. D. /q. D. /c. X. 258/2000/41/2001, dated 9 4-2001 and No. C. I. D. /q. D. /c. X. 258/2000, dated 2-2-7001 be called for the perusal of the Court. It is also requested on behalf of the petitioner that investigation may be ordered to be handed over to independent and impartial officer.