Court No. - 40 Case :- APPLICATION U/S 482 No. - 21430 of 2010 Petitioner :- Prashan Respondent :- State Of U.P. And Another Petitioner Counsel :- Satyam Singh,Shiv Nath Singh Respondent Counsel :- Govt Advocate Hon'ble Virendra Singh,J.
Heard the learned counsel for the applicant and the learned AGA for the State
and perused the record.
This application has been filed by the applicant, Prashant, to quash the order
dated 19.5.2010 passed by Additional Sessions Judge, Court No.2, Etawah in
S.T. No. 302 of 2004 (State Vs. Prashant and others). It is further prayed that
the trial court may be directed to consider the application of the applicant
dated 12.5.2009 and 19.5.2010 a fresh and get the signature of the
complainant be compared from hand writing experts.
After perusal of the record, finds that the application for comparing the
signature by the expert was moved by the defence counsel before the Learned
Lower Court at the time of evidence of the prosecution. Such prayer was
rejected by the lower court. In my view, since the applicant/accused shall
have an opportunity for entering into defence in the trial before the lower
court, therefore, at this stage this application cannot be allowed. The perusal
of the impunged order does also show that such version of defence side was
rejected by the learned lower court at that stage i.e. at the time of proceedings
of the prosecution evidence. The applicant/accused since shall have an
opportunity to adduce his defence, therefore, he shall be at liberty to move
such application at the time of entering in the defence before the lower court.
With these observations, this application is disposed of.
Order Date :- 23.6.2010
MTA