1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL WRIT PETITION NO.269 OF 2010 Vasant Shamrao Dhole : Petitioner V/s. The State of Maharashtra : Respondent .... Mr.K.S.Patil for the petitioner. Ms A.T.Jhaveri, Addl. Public Prosecutor for the State. .... CORAM : B.R. GAVAI, J. DATE : APRIL 12, 2010. P.C.: Rule, returnable forthwith. The Addl. Public Prosecutor for the State waives service. Heard by consent. 2. By way of the present petition, the petitioner challenges the order dated 19.12.2009 by which the application filed by the present petitioner for sending suicidal note (exh.28) for comparison with the document at exh.34 to the Handwriting Expert came to be rejected. 3. The petitioner is facing trial for offence punishable under section 2 302 of the I.P.C. The deceased was the wife of the petitioner. In the said trial, P.W.2 was examined. A suggestion was put to P.W.2 that exh.34 is a greeting card which is sent by P.W.2, who is the wife of the deceased, to the deceased. The said suggestion was denied. A suggestion was also put to him that the suicidal note (exh.28) is also written by him. The said suggestion was also denied. 4. At that stage, an application came to the filed by the present petitioner for sending both the documents to the Handwriting Expert to find out as to whether exh.28 and exh.34 are in the same handwriting or not. The said application was rejected. The only ground given by the learned trial Judge for rejecting the application is that such an application is not tenable at the instance of a party and an application for referring to the Handwriting Expert can be made only if the Court so desires. 5. I find that in the interest of justice, the accused be given every opportunity to establish his defence. 6. The reference of the aforesaid documents to the Handwriting Expert for comparison, in my view, cannot be termed as totally irrelevant or unnecessary for the trial. 3 7. In that view of the matter, the impugned order dated 19.12.2009 is quashed and set aside and the application filed by the present petitioner for referring the aforesaid documents to the Handwriting Expert at the cost of the petitioner is allowed. Rule is made absolute in the above terms. B. R. GAVAI, J.