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$-5 , - HIGH COURT OF DELHI
FAO(OS) 375/2013, C.M. APPL.12786/2013 (for stay) &
12787/2013 (for exemption)
ASHISH MALHOTRA Appellant
Through ; Sh. Rakesh Kakar, Advocate.
FAO(OS) 375/2013, C.M. APPL.12786/2013 (for stay) &
12787/2013 (for exemption)
ASHISH MALHOTRA Appellant
Through ; Sh. Rakesh Kakar, Advocate.
VERSUS
I^AM MOHAN MARWAHA &ORS Respondents
Through : Nemo.
Through : Nemo.
CORAM:
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
HON'BLE MR. JUSTICE NAJMI WAZIRI
23.08.2013 The appellant is aggrieved by an order of the learned Single
Judge dated 19.07.2013 by which the application preferred by it for refening certain documents, said to contain the signatures of
Defendant Nos. 2 to 5, for examination by Central Forensic Science
Laboratory (CFSL) was declined.
Itis contended that the learned Single Judge did not appreciate the facts folly, especially the circumstance in which the said documents had been denied by some ofthe parties but later sought to be relied upon. Learned counsel for the appellant underlined that the originals of these documents were produced very late and the circumstances of its production also raise doubts about its genuineness, having regard to thefact that thefirst defendant had died during the pendency ofthe proceedings.
2013:DHC:6976-DB The Court has carefully considered the submissions as well as the grounds urged in favour of the appeal during the hearing. The appellant claims unfettered right to have the questioned documents examined by the officials of CFSL.
Having regard to the conspectus of facts and circumstances, the
Single Judge has, by reasoned order, declined the request. This Court sees no reason to interfere with the impugned order. This Court
' Hirther notices that routine acceptance of such requests would put undue burden on CFSL's tasks of examining questioned documents in criminal proceedings. The appeal for the above reasons is unmerited and, is therefore, dismissed, along with the pending application.
S. RAVINDRA BEAT, J WAZIRI, J AUGUST 23, 2013
'ajk' 2013:DHC:6976-DB
HON'BLE MR. JUSTICE NAJMI WAZIRI
23.08.2013 The appellant is aggrieved by an order of the learned Single
Judge dated 19.07.2013 by which the application preferred by it for refening certain documents, said to contain the signatures of
Defendant Nos. 2 to 5, for examination by Central Forensic Science
Laboratory (CFSL) was declined.
Itis contended that the learned Single Judge did not appreciate the facts folly, especially the circumstance in which the said documents had been denied by some ofthe parties but later sought to be relied upon. Learned counsel for the appellant underlined that the originals of these documents were produced very late and the circumstances of its production also raise doubts about its genuineness, having regard to thefact that thefirst defendant had died during the pendency ofthe proceedings.
2013:DHC:6976-DB The Court has carefully considered the submissions as well as the grounds urged in favour of the appeal during the hearing. The appellant claims unfettered right to have the questioned documents examined by the officials of CFSL.
Having regard to the conspectus of facts and circumstances, the
Single Judge has, by reasoned order, declined the request. This Court sees no reason to interfere with the impugned order. This Court
' Hirther notices that routine acceptance of such requests would put undue burden on CFSL's tasks of examining questioned documents in criminal proceedings. The appeal for the above reasons is unmerited and, is therefore, dismissed, along with the pending application.
S. RAVINDRA BEAT, J WAZIRI, J AUGUST 23, 2013
'ajk' 2013:DHC:6976-DB
JUDGMENT