In this writ application, the petitioner challenged a forensic report alleging a signature was fabricated. The single-judge bench of the Patna High Court dismissed the plea, holding that it is not maintainable under Article 226 and directed the party to approach the appropriate forum.
null
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16993 of 2017
======================================================
Sakir Hussain Son of Fida Hussain Resident of Village- Baluwa Bazar, P.S.Baluwa Bazar, District- Supaul.
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Shailendra Kumar Jha For the State : Mr.P.K.Verma -AAG-3 Dr. Mankeshwar Tiwari, AC to AAG 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH
ORAL ORDER
3 15-03-2019 Following are the reliefs sought for on behalf of the
petitioner:-
i. To hold and declare that the report vide No.H.W. 52/2007 concerned with T.S. No. 45/1994 (pending in the court of Sub-judge Ist Birpur Supaul) issued by learned State Examiner of questioned documents, Police Laboratory, C.I.D. Patna-23 is incorrect, fabricated and false report in view of the fact that signature in question on Mahadanama is actual and real signature of Respondent no.4 hereof.
Patna High Court CWJC No.16993 of 2017(3) dt.15-03-2019 2/2
(ii) To direct the court below (the Subjudge Ist, Birpur Supaul) to send the document to the any laboratory situated out of Bihar in view of the prayer of this petitioner.
iii. To direct the court below to act in terms of law arising out of principle of natural justice.”
In my opinion, the plea of the petitioner cannot be entertained in a proceeding under Article 226 of the Constitution of India. The petitioner shall be at liberty to raise such plea before an appropriate forum in accordance with law.
This writ application is disposed of accordingly.
(Chakradhari Sharan Singh, J)
HR/-
U
1 issue framed by the court
Whether the plea regarding the authenticity of a signature report can be entertained in a proceeding under Article 226 of the Constitution of India.
1 provisions across 1 enactments
Sakir Hussain
State of Bihar
Director, Police Laboratory
State Examiner of questioned documents
Pancham Narayan Mishra
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
