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Dr.Surya Prakash Dixit vs State Thrugh C.B.I.

High Court Of Judicature at Allahabad|17 May, 2012

JUDGMENT / ORDER

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
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Title

Dr.Surya Prakash Dixit vs State Thrugh C.B.I.

Court

High Court Of Judicature at Allahabad

JudgmentDate
17 May, 2012
Judges
  • Ravindra Singh