Allahabad High Court
Smt. Veena Singh vs State Of U.P. And 4 Others on 1 October, 2015
Bench: Ramesh Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 53
Case :- APPLICATION U/S 482 No. - 29573 of 2015
Applicant :- Smt. Veena Singh
Opposite Party :- State Of U.P. And 4 Others
Counsel for Applicant :- Vinay Saran
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Ramesh Sinha,J.
Heard Sri Vinay Saran, learned counsel for the applicant, and Sri R. K. Maurya, learned AGA appearing for the State and perused the record.
This application has been filed with a prayer for direction to the respondents to ensure safe custody of the original videography cassette dated 11.02.2014 of the autopsy of Smt. Rachana in pursuance of Crime No. 112 of 2014, under Sections 498-A, 304-B IPC and 3/4 Dowry Prohibition Act of Police Station Chakeri, District Kanpur Nagar. Further prayed that a copy of the same shall also provide to the applicant, in pursuance of the order dated 02.07.2015 of the court below.
It is has been argued by the learned counsel for the applicant that applicant is in jail alongwith other co-accused, who are involved the present case, under Sections 498-A, 304-B IPC and 3/4 Dowry Prohibition Act of Police Station Chakeri, District Kanpur Nagar.
It has been pointed out by the learned counsel for the applicant that a videography of post-mortem of the deceased was conducted after her death, under the orders of Chief Medical Officer, Kanpur Nagar dated 11.02.2014, and one copy of the C.D. which was with the Investigating Officer of the case who was directed to produce the same before the trial court concerned. The said C.D. was produced before the trial court by the Investigating Officer, but the same was found to be broken. He submits that applicant has made a prayer before the trial court for summoning the original video cassette. He further submitted that the informant is an influential persons and he has also threatened to get the original video cassette destroyed. The applicant co-accused persons have moved several applications to the trial court to make the video cassette available to the accused under Section 207 Cr.P.C.
The original video cassette is still not made available to the trial court and only copy of the same was available by the Investigating Officer of the case through C.D., which was found to be broken. He submitted that though the trial court is making some efforts to trace out the original video cassettes, but the matter has been lingering on and no sincere efforts has been made for making available the original video cassette.
Learned AGA on the other hand has opposed the prayer, and submitted that there is an order of trial court dated 10.09.2015, wherein the trial court is making sincere efforts to get the original video cassette, and 19.09.2015 was the last date fixed in the matter, and as the original video cassette was not produced on 19.09.2015, some further date has been fixed.
Considering the fact and circumstances of the case, it is directed that trial court shall make all efforts to produced the original video cassette, within two weeks from the production of certified copy of this order before him, if made available, thereafter, the trial court shall proceed with the trial in accordance with law.
With the aforesaid observation, the present application is disposed of finally.
Order Date :- 1.10.2015/VKG
