Mehboob Hasan vs State (Govt. Of Nct Of Delhi)
2015 Latest Caselaw 1432 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                           RESERVED ON : FEBRUARY 11, 2015.
                           DECIDED ON : FEBRUARY 19, 2015


+              CRL.REV.P. 578/2014 & Crl.M.A.14527/2014

       MEHBOOB HASAN                                       ..... Petitioner
                   Through:             Mr. Hasan Anzar with Mr. Samama
                                        Suhail, Advocates.

                           versus

    STATE (GOVT. OF NCT OF DELHI)            ..... Respondent
                  Through: Mr. Navin K. Jha, APP.
                            Insp. Sanjay Kumar, P.S.Najafgarh.
CORAM:
HON'BLE MR. JUSTICE S.P.GARG

S.P.GARG, J.

1. The instant revision petition has been filed by the petitioner

to challenge the legality and propriety of order dated 29.08.2014 of

learned Additional Sessions Judge-03, Dwarka by which an application

under Section 311 Cr.P.C. moved by the petitioner/accused to summon

Ms.Firdaus, (his wife) and Deepak Jain, Handwriting and Finger Print

Expert, to prove report dated 02.05.2014 was rejected.

2. I have heard the learned Additional Public Prosecutor and the

learned counsel for the petitioner and have perused the record. Ms.Firdaus

is the petitioner's wife and is not a witness to the incident. For detailed

cogent reasons, it was noted that her presence was not required to

disprove the incident. She was a witness to the arrest of the accused

which had taken place much after the incident. Nothing has been shown

as to how her presence is necessary.

3. So far as Deepak Jain, Handwriting and Finger Print Expert,

is concerned, in my view, one opportunity can be given to the petitioner to

examine him in defence though the application to examine him has been

filed after an inordinate delay. The petitioner was well aware about the

report of handwriting expert who was examined as PW-14 in 2010. At no

stage soon thereafter, the petitioner obtained the report of the private

handwriting expert to challenge it. For that, the petitioner can be burdened

with costs.

4. In the interest of justice and to enable the petitioner to

examine handwriting expert Deepak Jain, one opportunity is given subject

to costs of `20,000/-to be deposited with the Prime Minister's Relief Fund

within two weeks. The witness shall be examined by the petitioner at his

own responsibility and only one effective date shall be given by the trial

court for that purpose.

5. The revision petition stands disposed of in the above terms.

Trial Court record (if any) be sent back with the copy of this order.

(S.P.GARG) JUDGE

FEBRUARY 19, 2015 sa