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Judgment
Hon’ble Siddhartha Sah, J. (Oral)
By means of the present Criminal Misc. Application filed under Section 482 of the Code of Criminal Procedure, 1973, the applicant has sought the following reliefs :-
“i.To allow this Criminal Misc. Application by allowing the application dated 24-10-2018 and quashing the order dated 18-12-2018 passed by learned 1st Additional Sessions Judge, Udham Singh Nagar in Session Trial No. 29 of 2013 "State Versus Trilok Singh and others" under Section 302 of I.P.C. at Police Station - Rudrapur arising out of F.I.R. No. 498 of 2012.
ii.To allow application dated 18-12-2018 and quash the order dated 11-01-2019 passed by learned Ist Additional Session Judge, Udham Singh Nagar in Session Trial No. 29 of 2013 "State Versus Trilok Singh and others" under Section 302 of 1.P.C. at Police Station- Rudrapur arising out of F.I.R. No. 498 of 2012.”
Before proceeding further, it needs to be stated that by virtue of an application dated 18.12.2018, the applicant/accused had prayed before the trial court that a report be summoned from the Forensic Science Laboratory regarding the jail register of District Jail, Saharanpur.
By impugned order dated 11.01.2019, the Additional Sessions Judge, Udham Singh Nagar rejected the said application bearing No. 224-Kha on the premise that the accused, Trilok Singh, has died and the proceedings qua the accused Trilok Singh have already abated. As per the report received from the Thana, it is not clear that any inquiry has been sought from the level of FSL, due to which the application deserves to be rejected.
Before proceeding further, the order of Coordinate Bench of this Court dated 14.05.2026 needs to be mentioned. Relevant paragraph numbers 2, 3, and 4 of the said order dated 14.05.2026 are being reproduced hereinbelow:-
“2.On the last occasion, learned State Counsel representing the State of Uttarakhand was directed to obtain instructions as to whether the Entry & Exit Register maintained at Sub-Jail, Haldwani, containing the original thumb impression of late Trilok Singh, is still in use or has been replaced by a new register.
3.Today, Mr. V.S. Pal, learned A.G.A., upon instructions, submits that a new Entry & Exit Register is presently being maintained at Sub-Jail, Haldwani and the earlier register, containing the original thumb impression of late Trilok Singh, is no longer in use. He further submits that the said register can be sent in original to the Forensic Science Laboratory for examination, if so directed by this Court.
4.Mr. I.D. Paliwal, learned Additional Chief Standing Counsel appearing for the State of Uttar Pradesh, prays for and is granted two weeks’ time to obtain instructions as to whether the Entry & Exit Register maintained at District Jail, Saharanpur, containing the original thumb impression of late Trilok Singh for the period from 01.10.2012 to 08.10.2012, is still in use or has been replaced by a new register.”
It is also pertinent to mention the order dated 03.06.2026, passed by a Coordinate Bench of this Court in this case. The relevant paragraphs thereof are being reproduced hereinbelow:
“4.In compliance with the order dated 14.05.2026 passed by this Court, learned Additional Chief Standing Counsel appearing for the State of Uttar Pradesh submits that the Entry and Exit Register maintained at District Jail, Saharanpur, containing the original thumb impressions of late Trilok Singh for the period from 01.10.2012 to 08.10.2012, is available and may be forwarded to the Forensic Science Laboratory for examination, if so directed by this Court.
5.Learned Deputy Advocate General appearing for the State of Uttarakhand submits that the Entry and Exit Register containing the original thumb impressions of late Trilok Singh, maintained at Sub-Jail, Haldwani, District Nainital, is also available and may likewise be sent to the Forensic Science Laboratory for examination.
6.Having considered the submissions advanced by learned counsel for the respective States, it is directed that the Superintendent, District Jail, Saharanpur (U.P.), and the Superintendent, Sub-Jail, Haldwani, District Nainital (Uttarakhand), shall transmit the original Entry and Exit Registers containing the thumb impressions of late Trilok Singh to the Forensic Science Laboratory, Dehradun, within a period of ten days from today for examination and comparison. The Director, Forensic Science Laboratory, Dehradun, shall ensure that the examination is conducted expeditiously and the report is submitted before this Court at the earliest.”
Perusal of orders dated 14.05.2026 and 03.06.2026 would reveal that on 14.05.2026, the learned A.G.A, upon instructions, had submitted that a new entry and exit register is maintained at Sub-Jail, Haldwani and the earlier register containing the original thumb impression of late Trilok Singh is no longer in use. He submitted that the said register can be sent in original to the Forensic Science Laboratory for examination, if so directed by this Court.
Mr. I.D. Paliwal, learned Additional Chief Standing Counsel for the State of Uttar Pradesh, was granted time to obtain instructions as to whether the entry and exit register maintained at District Jail, Saharanpur containing the original thumb impression of late Trilok Singh is still in use or has been replaced by a new register.
Order dated 03.06.2026 reveals that in compliance with the order dated 14.05.2026, the Additional Chief Standing Counsel appearing for the State of U.P. had submitted that the entry and exit register maintained at District Jail, Saharanpur containing the original thumb impressions of late Trilok Singh for the period from 01.10.2012 to 08.10.2012 is available and may be forwarded to the Forensic Science Laboratory for examination, if so directed by this Court.
Likewise, the learned Deputy Advocate General appearing for the State of Uttarakhand had submitted that the entry and exit register containing the original thumb impressions of late Trilok Singh, maintained at Sub-Jail, Haldwani, District Nainital is also available and can be sent to the Forensic Science Laboratory for examination.
After considering the submissions of the counsel for the parties, vide order dated 03.06.2026, the Coordinate Bench had directed the Superintendent, District Jail, Saharanpur, U.P., and the Superintendent, Sub-Jail, Haldwani, District Nainital, Uttarakhand to transmit the original entry and exit registers containing the thumb impressions of late Trilok Singh to the Forensic Science Laboratory, Dehradun within a period of 10 days for examination and comparison. The Director, Forensic Science Laboratory, Dehradun was to ensure that the examination is conducted expeditiously and the report is submitted before this Court at the earliest.
In pursuance of the orders of this Court, the Senior Superintendent, District Jail, Saharanpur, vide letter dated 10th June, 2026, has intimated the Deputy Registrar (J), High Court of Uttarakhand at Nainital that the original entry and exit register of the said jail was sent to the Forensic Science Laboratory, Dehradun through a special messenger. However, the Joint Director, Forensic Science Laboratory, Uttarakhand, Dehradun intimated that the Forensic Science Laboratory, Uttarakhand, Dehradun does not have the facility of matching fingerprints and the said concerned documents can be sent to the Finger Print Bureau, Police Headquarters, Uttarakhand, Dehradun. It was requested that the Finger Print Bureau, Police Headquarters, Uttarakhand, Dehradun be directed accordingly, and the jail authorities may also be directed that further proceedings be undertaken in this regard.
Today, the learned A.G.A. has placed for perusal of the Court a communication dated 06.07.2026 addressed to the Joint Director (Legal), Advocate General Office Campus, High Court of Uttarakhand, Nainital, intimating that in pursuance to the order dated 03.06.2026, the concerned documents pertaining to the entry and exit register of the thumb impressions of late Trilok Singh, which had been received from District Jail, Saharanpur, U.P. and Sub-Jail, Haldwani, District Nainital, have been submitted through a special messenger to the State Crime Records Bureau, Dehradun for further examination / FSL examination. A copy of the said communication is being placed on record.
Since the prayers that were made in the Application bearing No. 224-Kha/1-224-Kha/3 stand already granted by virtue of orders of this Court dated 14.05.2026 and 03.06.2026, nothing remains to be adjudicated in the matter. However, the State Crime Records Bureau, Dehradun is directed to transmit its report after the examination to the trial court concerned, i.e. 1st Additional Sessions Judge, Udham Singh Nagar at the earliest.
It is further made clear that any observation of this Court in the prior orders dated 14.05.2026 and 03.06.2026 shall not prejudice the trial court, nor shall the trial court be influenced by any of the orders passed by this Court. The case has to be decided on its own merits without being influenced by any observations in the aforesaid orders and this order of the Court.
The trial court is further requested to proceed further with the matter once it receives the report from the State Crime Records Bureau, Dehradun.
Since nothing remains to be adjudicated, the present matter stands finally disposed of with the aforesaid directions.
Interim order, if any, stands vacated.
Pending application(s), if any, stands disposed of accordingly.
