1. The accused has approached this court with the plea that order dated 27.6.2014 be quashed.
2. It appears that the petitioner is facing trial in a murder case. Weapon of offence, viz. a gandasa, was sent to Forensic Science Laboratory for its examination. Although the case has reached the stage of recording statement under Section 313 Cr.P.C., report from the Forensic Science Laboratory has not been received.
3. An application was made on behalf of the accused that the report be sought. The stand taken by the Public Prosecutor is that the report indeed was received in the office of the Superintendent of Police. However, the same has not been forwarded to the Court, as the same is not available on the record. It has been observed in the impugned order that directions cannot be given to the prosecuting agency to produce the report.
4. Learned counsel appearing for the respondent-State has not been able to dispute that Forensic Report would be relevant to elicit the truth.
5. Prima facie this court is of the opinion that report from Forensic Science Laboratory would be relevant to consider guilt or otherwise of the accused. It would certainly assist the Court in coming to the right conclusion.
6. Superintendent of Police, Gonda is directed to produce the report received from Forensic Science Laboratory before this Court.
7. This direction is being issued in context of Sessions Trial No.01 of 2000, State v. Surendra Nath Tiwari and others, arising out of Case Crime No.383 of 1998 under Sections 302/201 I.P.C., Police Station Nawabganj, District Gonda.
8. In case the report is not readily available in the office of Superintendent of Police, Gonda, copy of the report shall be procured from the Forensic Science Laboratory and produced before this court.
9. Issue notice to respondent no.2 through Chief Judicial Magistrate, Gonda, returnable on 5.8.2014.
10. List on 5.8.2014.
11. It is made clear that no further adjournment would be given to Superintendent of Police, Gonda for producing the report.
12. In case needful is not done, Superintendent of Police, Gonda shall remain present in Court to give an explanation as to under what circumstances, a relevant document concerned with criminal trial received in his office has not been forwarded to the trial court in time for consideration and adjudication by the trial court.
13. This direction is being issued considering the fact that the case relates to the year 1998.
14. It is directed that the final order shall not be passed by the trial court.
15. Let a copy of this order be conveyed to the trial court through Registrar of this Court forthwith.
Order Date :- 3.7.2014 A.Nigam