CHANDRA SHEKHAR MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsels for the petitioner and the State. The petitioner prays for quashing of the order dated 01.06.2010 passed by the Additional District & Sessions Judge, F.T.C. III, Madhubani, in Criminal Revision No. 371 of 2008, whereby while dismissing the revision application of the petitioner it was held that there was no illegality and irregularity in the order of the trial Court dated 08.05.2008 passed in Trial No. 717 of 2008 rejecting the prayer of the petitioner for examination of the admitted signature of the vendor of the sale deed in question i.e. Kailash Yadav with his admitted signature available on the admitted documents in the case. It further held that there did not arise any justification for interference in the matter since the remand order in the Criminal Appeal No. 37 of 2000 filed by the petitioner against his conviction was confined only to removing the discrepancy in the date of occurrence in the charge and the examination of petitioner under section 313 of the Code of Criminal Procedure.

(2.) IT is submitted on behalf of the petitioner that the matter was remanded back by the Appellate Court by its order dated 26.09.2003 in Cr. Appeal No. 337 of 2000 as contained in Annexure-2 for fresh decision and recording the statement of the petitioner under section 313 Cr.P.C. in accordance with law and if necessary charge should also be amended for the same extent. IT is further submitted that for arriving at a correct decision the request of the petitioner as per its petition dated 05.02.2008 that the admitted signatures of the complainant be sent to the Government Hand-writing Expert for examination and opinion, should have been allowed, however the same was rejected without any valid justification and the same was affirmed by the Revisional Court as per its order dated 01.06.2010 in Criminal Revision No. 371 of 2008/ 138 of 2009 as contained in Annexure-5.