AKSHAY DOEGAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) CHALLENGE herein is to the order dated 10.6.2013 passed by learned Chief Judicial Magistrate, Shimla in an application under Section 311 Cr.P.C. moved by the petitioner, hereinafter referred to as the accused, with a prayer to summon the hand writing expert, who has issued the report Ex. PX for his cross -examination to be conduced on behalf of the accused. The accused -petitioner is facing trial under Sections 420, 467, 468 and 471 of the Indian Penal Code in the Court of Chief Judicial Magistrate, Shimla. The prosecution evidence stands closed and the trial is at the stage of recording the statement of accused -petitioner under Section 313 Cr.P.C. The allegations against the accused -petitioner precisely are that he has forged the signature of a dead person namely P.S. Verma on a letter and on the basis thereof got the plan of his house sanctioned from Municipal Corporation, Shimla. The admitted signature and hand writing of the accused -petitioner seems to be obtained and sent for comparison with the disputed letter to FSL. The prosecution has tendered the report of the Forensic Science Expert Ex. PX in evidence without examining the expert. It has been submitted that though the tendering of this document was objected to on behalf of the accused -petitioner, however, the objection so raised has not been taken note of and to the contrary, the application, filed under Section 311 Cr.P.C. for summoning the expert and allowing the accused petitioner to cross -examine him, has been erroneously dismissed vide order impugned in the present petition.

(2.) LEARNED Additional Advocate General has contended that since the report of the expert Ex. PX stands exhibited in evidence and the accused -petitioner did not object to the same at an appropriate stage, therefore, learned trial Magistrate has rightly declined the permission sought for cross -examination of the expert witness.