The Patna High Court dismissed the criminal miscellaneous petition filed by Kedar Rai. The court rejected the prayer for exhibiting a Panchanama, holding that the issue regarding its admissibility had already been finally decided earlier and could not be reopened.
Prayer to exhibit the Panchanama and get the report of expert on the signature is dismissed.
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Patna High Court Cr.Misc. No.17718 of 2011 (4) dt.06-09-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17718 of 2011
====================================================== Kedar Rai .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Prem Prakash Poddar, Adv. For the Opposite Party/s : Mr. Suresh Prasad Singh, APP). ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 4 06-09-2012 Heard learned counsel for the petitioner and the State. In this case, petitioner is challenging the order dated 10th March 2010 by which the court below has rejected the prayer of the petitioner for getting the report of expert on the signature on Panchanama dated 18th June 1995
From the impugned order it appears that earlier also petitioner had filed petition for getting the Panchanama marked as an exhibit but the court below rejected the prayer vide order dated 26th August 2009 and against that order the petitioner did not move before higher court and, as such, that order has attained its finality. The court has recorded that as the issue has already been finalized there was no question of its further consideration and as such, has refused the prayer.
Counsel for the petitioner submits that the prayer made on behalf of petitioner is innocuous and the court below has
Patna High Court Cr.Misc. No.17718 of 2011 (4) dt.06-09-2012
wrongly refused to mark the Panchanama.
The counsel for the State has refuted the submission and submitted that the petitioner had made efforts earlier and the same was denied by the court below. Petitioner was satisfied by the order and now he cannot be allowed to open the matter again.
Having considered the rival contention of the parties, this Court does not find any error in the order as earlier, the court below vide order dated 26th August 2009, refused the prayer for getting the Panchanama exhibited, this Court does not find any error in the order.
Accordingly, this petition is dismissed.
Jay/-
(Shivaji Pandey, J)
1 issue framed by the court
Whether the petitioner is entitled to get the report of expert on the signature on the Panchanama which was previously refused.
Kedar Rai
The State Of Bihar
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
