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S.B. Criminal Misc. Application No.1159/2008
in
S.B. Criminal Revision Petition No.875/2005
(Smt. Pramila Vs. State of Rajasthan & Anr.)
Date of Order: Sept. 04, 2008
HON'BLE MR. H.R. PANWAR, J.
Mr. C.S. Kotwani, for the petitioner.
Mr. Ashok Upadhyaya, Public Prosecutor for the State.
By the instant application under Section 482 Cr.P.C.
filed in S.B. Criminal Misc. Petition No.875/2005, the petitioner
seeks implementation of the order dated 21-4-2006 passed in
the aforesaid revision petition.
Heard learned counsel for the petitioner.
The grievance of the petitioner is that the matter was
remanded to the Additional Chief Judicial Magistrate, Sri
Karanpur by the order dated 21-4-2006 passed in the aforesaid
revision petition and thereafter, according to the learned counsel
for the petitioner, the matter has been referred to the concerned
Station House Officer for calling the FSL report but since the
concerned Station House Officer has not obtained the FSL report
and did not submit the same before the trial Court, therefore,
the matter is not being proceeded and then the petitioner filed
an application before the trial Court vide Annx.3 on 15-12-2007.
Looking to the facts and circumstances, in my view,
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no further direction to conclude the investigation is warranted.
However, the trial Court may require the police to approach the
Director, State Forensic Science Laboratory, for the report as
sought for and on obtaining the FSL report, the same may be
placed before the trial Court so that the matter may proceed
further.
In this view of the matter, the petition stands
dismissed.
(H.R. PANWAR), J.
mcs