Keerthi Suresh And 3 Others vs The State Of Telangana And Another
2022 Latest Caselaw 2953 Tel

             HONOURABLE SRI JUSTICE K.SURENDER

                CRIMINAL PETITION No. 5130 of 2022


ORDER:

1. This quash petition is filed questioning the orders of the

Principal Junior Civil Judge-cum-Judicial First Class Magistrate,

Jangaon (for short 'the Magistrate') passed in Crl.M.P.No.156 of

2021 in C.C.No.367 of 2015 on 18.09.2021, whereby the learned

Magistrate refused the prayer of the petitioners to send the

photographs filed along with charge sheet to the FSL to ascertain

its genuineness.

2. The learned Magistrate by order dated 18.09.2021 in the

said Criminal Miscellaneous Petition refused to send

photographs filed along with charge sheet on the ground that the

said photographs, unless brought on record at the time of

evidence, the prayer for sending it to Forensic Science

Laboratory (FSL) cannot be entertained.

3. Relevant portion of the impugned order is as follows:

"Unless the evidence is produced and material is brought on record, in the evidence of witnesses to suggest that the photographs are created, no conclusion can be drawn. For the foregoing discussion, this court holds that there are no merits in this petition and also the petition is premature. Hence, this petition is liable to be dismissed."

4. The allegation in the present case is that on 24.06.2015

these petitioners had indulged in abusing the Ekashila B.Ed

college staff for the reason of refusal to take examination fee of

1st respondent/A1. Consequently a complaint was lodged by

Ekashila Educational Chairman Sri Chirra Upender Reddy,

which complaint was registered as Crime No.186/2015 for the

offences punishable under Sections 379, 427, 448, 323, 290,

506 r/w 34 IPC and later charge sheet filed.

5. The case of the petitioners is one of total denial and

according to the petitioners, the sole basis for implicating them

are that the photographs filed along with charge sheet and the

prosecution is basing upon the said photographs to prove their

trespass and causing hurt in the office of the Ekashila

Educational Institution. The finding of the learned Magistrate is

that the documents can be sent to FSL, only after they are

brought on record.

6. In the present facts and circumstances, in the interest of

both the prosecution and the petitioners/accused, it is just and

necessary that the genuineness of the photographs relied upon

by the prosecution to prove the alleged acts of assault and

trespass by these petitioners are subjected to FSL examination.

In the event of the photographs being found not to be tampered

with in any manner, it would prove the case of the prosecution

and on the other hand, if the photographs are found to be

fabricated, the same would come to the rescue of the petitioners.

7. In the said circumstances, when the genuinity of the

photographs would have a bearing on the adjudication of the

case itself, it is just and necessary that the said photographs are

sent to the FSL for the purpose of examination, which would

serve both the parties, i.e., the prosecution and the defence.

8. For the aforementioned reasons, the order of the learned

Magistrate in Crl.M.P.No.156 of 2021 in C.C.No.367 of 2015

dated 18.09.2021 is hereby set aside and the photographs filed

along with charge sheet shall be sent to FSL for the purpose of

ascertaining the genuinity of the same.

9. However, not to delay the process of trial, photo copies of

the said photographs shall be marked when the concerned

witnesses are examined during trial, if the photos are with the

FSL during such examination. The proof of same would be

subject to the opinion of FSL.

10. It is necessary to cite the decision of Hon'ble Supreme

Court in Bipin Shantilal Panchal vs State Of Gujarat and another, reported in

2001 SCC CRL 417 regarding directions during trial‐

"Whenever an objection is raised during evidence taking stage regarding the admissibility of any material or item of oral evidence the trial court can make a note of such objection and

mark the objected document tentatively as an exhibit in the case (or record the objected part of the oral evidence) subject to such objections to be decided at the last stage in the final judgment. If the court finds at the final stage that the objection so raised is sustainable the judge or magistrate can keep such evidence excluded from consideration. In our view there is no illegality in adopting such a course. However, we make it clear that if the objection relates to deficiency of stamp duty of a document the court has to decide the objection before proceeding further. For all other objections the procedure suggested above can be followed."

11. The trial shall Court shall proceed with the examination of

witnesses in accordance with the above procedure.

Accordingly, the Criminal Petition is allowed.

________________

K.SURENDER, J Date: 21.6.2022 kvs

HONOURABLE SRI JUSTICE K.SURENDER

Criminal Petition No.5130 OF 2022

Date:21.06.2022

kvs