AI Structured Summary
Not yet generated for this judgment
Judgment
R.Narayana Pisharadi, J
This revision petition is filed challenging the order passed by the Court of the Enquiry Commissioner and Special Judge, Kottayam permitting the
prosecution to collect specimen handwriting of some of the witnesses in the case C.C.No.64/2010 and to send the same to the expert for comparison
with the writings in some other documents produced before the court.
When the matter came up for hearing today, learned counsel for the petitioner submitted that the specimens of the handwriting of the witnesses
were collected by the investigating officer pursuant to the impugned order passed by the lower court and they were sent to the Forensic Science
Laboratory for comparison. It is also submitted by the learned counsel for the petitioner that, on the report that the samples collected were not
sufficient, samples were again collected and sent for expert opinion and now the report from the Forensic Science Laboratory is awaited.
In the above circumstances, learned counsel for the petitioner submits that he would limit his prayer in this revision petition to issue a direction to the
lower court to get the report from the Forensic Science Laboratory at an early date and to complete the trial of the case as expeditiously as possible.
Learned Public Prosecutor submits that he has no objection to grant such relief.
Consequently, the revision petition is disposed of as follows: The Court of the Enquiry Commissioner and Special Judge, Kottayam shall verify and
ascertain whether the report has been obtained from the Forensic Science Laboratory or the expert after comparison of the handwritings. If the report
is not yet received by that court, it shall address the Forensic Science Laboratory or the expert concerned to expedite the matter and to forward the
report at an early date. After getting the report from the Forensic Science Laboratory or the expert, the trial court shall dispose of the case as
expeditiously as possible.
It is made clear that this order will not preclude the petitioner from raising all his contentions in the trial court at the time of the final hearing of the
case with regard to the legality or otherwise of collection of specimen handwritings by the investigating officer.