4,‘a fJn waft; i.3:7... E :w)1 Fa: . t: ai, «my muiiuwM . . I w‘WLuwih$wu .. .- , Z . H1<m& vwmmmm mmmrm,“ why 5mm 9.x. W Lam" a?pwEzu $3 wvwmm& «WE Emu. §3§¢¢$ ‘Way? >3_wwF£,§..o3?» .mErEx» . a. wwmwmm in.» W mmwmm,a nwxmmmmmww? dxdmw? wgwmn m¢§wmwwm$n wwammmwmawmawm Ammw \\ WmEm52” muzwmw mmggwzr wmNWNE. mmhH hwhwwwnwwww mu 5.xkwmxomEm mbwm wm WQaqmDwhmmm Shy; Manoj Paranme learned wunsel 5hr; Ashmh Shukla, leamad GA for Haand on LA N0; 774/2006 for urgw Cgnsidersd and alkwvéd. Tgiagnaaar i5 taksn up, on Boafd. Shri Mgamj Eaganjpa, learned counsg his mattar b6 hrsard $13113! at ‘the stage of a! hat ha dee§ mt want ta préss 9x1. M.Cr.P fay. Prayer is mt Qppnssgi. Applicacien (1x4.Cr.P.Na.595/2006) h This ravisimx is fmal! 'hsard today. Brggf facts are that the @plicant hen warking iti tha Sattiemant 0mm at AmbiL Rani Rai was also working as a gonting affxce. It is‘ éllsgad that Shikha Rani 17.6.1993 in her house by emisuming pois Rugaed mat she laii a' suiciaal note in whi t Quastmnad Dacumentg, Govt. of Madh a Pradesh, Bhopal by the prosscution. A1161“ comparing with the sténdard handwriting of tho docaasad marksd a’s‘EXP-zl, the Ad itional State Examiner of Questioned Documents Shri AK. Das opined vidw H m ‘u :in was, at the relevant time, 'apur. The deoeesed Shikha ency employeein the same Rai committed suicide on . Before doing so, it is also she had mentioned that the phcani hemm, was a charadarless 96mg and bacauw 0f tum she had Fag défamed Tins suzcldal note was s nt t0 the State Exammer of . for the applicant. Statefrespondent. t hearing. L for the applicant prays that iinission today. He submits No. 595/2006 for grant of dismissed as not pressed. x1£H022 . 28a01.2000‘that the: suicidal nbte‘ was not in the handwriting of the~ ' disseased sincg her standard writir'ng didJnot match with the writing or: v r ’ AK Das was recardsd by the tnal Court an 8 6 2001 He was fu hat exammed 0n 4 10 2005 On A 10 7005 8hr: A K Das the Add! . tate Examncr pmducad 1n Couxt anothar réport Ex P03 dated 3 9 900 eplmng that ths hand wrxtmg and 'Ietwnafun: on the qusstmnsd duckling matchtad wxth the standard hand vr'tmg 9f the deceased Thus he sa e expen for the State of Madhya Pradesh g'we fwd absalutely contra Ictory opmmns Upon thls the ' awheant herem filed an apphcatmn n 13 2 2006 under Sectlon 45 of the Ewdence Act for pennxssxon to c t the standard wrxtlng as alse the questwned document examined dam nether handwntmg expelt at the expense of the applleant herem He' ever the tnal Court lejected Ins I prayer an the ground that the apphc nt/accused hefem had suitielent opportumty to cross-examine the expe durlng tnal the suicidal note The evidenr‘erof 31m Manoj Paranjpe learned c nsel For the apphcant submttted that rn wew of the drvergent and wholl contradictery opmten given by the same eVpert 1t was necessary 1n e rnterest of Justice to grve an opportunity to the accused/apphcant h rern to get the standard writing. of the deceased compared wrth the estroned document by another hand wrttrng e‘rpert at hrs own expense so that the apphoant herern was I ' ' not prejudiced 1n hrs defence Lea ed counsel contended that the regectron of the appheatton under Sectto 45 of Evadence Act by the tn-al Court was thus wholly contrary to la and agaxnst the principles of t 12” 1/;. x1.»Hc.22 ‘ natural justice. On the ather hand, Shri Ashish Shuklaglsamed G ' foxmany egygesed tha prayarJ’ Having haard themival contantions, it must b5 said thattlm fmpugnsd 'ordcr dated 24.22006 is ‘ nifbstly emmsous and contrary to ths principles of natural justica. ' e’applicant herain, ought to hav bean gmen an oppommity to get tho question dominant in. tho suicidal ‘nots compasod‘with tho standard wr‘ting of tho decsascd by any othor hand wrxtma expert at tns own 6Xpsnso. ' In the rosult, thls rovmmn is atloWed. Th3 oyder datsd 24.2200 r passed by tho Fn‘st Add! Ssssxons Judge, Ambikapuf Distt Surauja is ~ set asxda. Th6 lsamed Addl. Sassmry Judge shall gwe an opponumty to ' the applicant heiein to get the opinion of the hand wrmna expert of hxs choice, on the question document, at his own expense mthm a period of 2 months, t . v t Sdl- rv 1. Dlllp Raosaheb Deshmukh Judge A. s 6