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Judgment
Krishna Kumar, J.—This revision has been filed against order dated 19.3.1999, passed by learned Addl. District Judge, Moradabad, in Criminal Revision No. 306 of 1998, whereby setting aside the order of the learned trial court.
Heard learned Counsel for the parties.
Learned Counsel for the revisionist contended that this case is pending for the last 16 years and the evidence of the prosecution was concluded in the year 1993, when the case was ripe for disposal, the complainant moved application only to delay the disposal of this case and 7 years have further passed. It is contended that the trial court took this fact into consideration and rejected the application of the complainant moved through public prosecutor. However, the said order of the learned trial court was set aside by the learned Additional District Judge without any sufficient ground and further, there was no illegality in the order of the trial court.
It is contended that the admitted handwriting is the best piece of evidence for comparison by the expert and in case, the said documents were not sufficient for comparison, other papers could also have been sent for comparison because the accused was principal of the institution and there could be hundreds of documents written in the handwriting of accused and there was no reason for sample handwriting. It is also contended that once the order was passed by the Court on 8.10.1996, for sending the admitted documents for comparison, the sample handwriting could not be sent.
I am convinced with the finding of the learned trial court that the admitted documents were best evidence for comparison with disputed handwriting. I also agree that when once the order was passed, no further order could be passed to order the accused to give sample handwriting, particularly, when admitted handwriting was available. The learned Additional District Judge, therefore, committed illegality in setting aside the finding and order of the trial court. Therefore, this revision is allowed.
The revision is allowed. The judgment and order dated 19.3.1999, passed by the Additional District Judge, Moradabad is set aside and the order passed by the trial court is confirmed.