Dr.Surya Prakash Dixit vs State Thrugh C.B.I.
2012 Latest Caselaw 1870 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 

 
Case :- CRIMINAL REVISION No. - 396 of 2004
 

 
Petitioner :- Dr.Surya Prakash Dixit
 
Respondent :- State Thrugh C.B.I.
 
Petitioner Counsel :- Sunil Kumar Sinha,Satyendra Pandey
 
Respondent Counsel :- B.Nath
 

 
Hon'ble Ravindra Singh,J.

List is revised.

Sri Sunil Kumar Sinha and Sri Satyendra Pandey, learned counsel for the revisionist are not present.

Heard Sri B. Nath, learned counsel for the C.B.I.

This revision has been filed against the order dated 6.8.2004  passed by learned Special  Judge (Ayurved Scam Matter), Lucknow  in case No. 26 of 2000 whereby the application filed by the revisionist for issuing the direction to the prosecution to  file a copy of the Hand Writing Expert on the record and its copy may be supplied to the revisionist has been rejected by learned Special Judge on 6.8.2004.

From the perusal of the record it appears that an application was moved by the revisionist in the court of learned Special Judge for summoning the Hand Writing Expert report and its copy may be supplied to the revisionist the  same has been rejected because the prosecuting agency is not relying upon the Hand Writing Expert report, therefore, it may not be summoned at the request of accused persons as a part of prosecution evidence. The trial court has not  committed any error in passing the impugned  order.

In such circumstances, no direction can be issued for summoning the Hand Writing  Expert report and to supply this document to the revisionist.  The impugned order is not suffering from any illegality. Therefore, prayer for quashing the same is refused.

The interim order dated 23.9.2004 is hereby vacated.

Accordingly this revision is dismissed.

Order Date :- 17.5.2012

RPD