Consequences of challenging opinion of hand writing expert & its withdrawal by accused.
Ashok Kuvadia
(Querist) 15 March 2013
This query is : Resolved
Dear Experts,
OPINION of State Examiner of Documents Challenged by Accused:
(a) My signature is forged by Secretary & Chairman of our Co-operative Housing Society on a consent letter.
(b) They prepared Xerox of same consent letter & submitted to Municipal corporation & Obtained permission for construction of building.
(c) I lodged Police complaint. Police obtained Opinion from The State Examiner of Document, Hand Writing Expert.
(d) As per this report my signature is FORGED subject to confirmation with original document.
(e) In pursuance to this FIR is registered against Accused u/s- 420, 465, 467, 468, 471, 201 r/w 34 of IPC.
(f) Accused has CHALLENGED the OPINION of Hand Writing Expert in High Court Bombay by filing Criminal Application and prayed for Quashing of FIR.
(g) After 17 months, he himself withdrawn his Crl. Application with liberty to file discharge application before appropriate forum, since Charge-Sheet was already filed.
(h) But till date he has not filed any discharge application, challenging OPINION.
My Query :
(1) Challenging OPONION of Hand Writing Expert & then withdraw same from High Court & afterward not filed discharge application. Due to this process, can it be considered that the same OPINION IS NOW DEEMED ACCEPTABLE TO HIM ?
(2) Can anyone PLEASE provide appropriate Citations of S. Court supporting to this ?
Regards,
Ashok.
Devajyoti Barman
(Expert) 15 March 2013
Has hand writing expert given his report? Challenging the order to appoint such expert or challenging the report given by expert are separate things.
In any of the vent the order remains valid in the context of his withdrawal of Revision case.
Devajyoti Barman
(Expert) 15 March 2013
Has hand writing expert given his report? Challenging the order to appoint such expert or challenging the report given by expert are separate things.
In any of the vent the order remains valid in the context of his withdrawal of Revision case.
Raj Kumar Makkad
(Expert) 15 March 2013
Withdrawal of the petition from high court and non-submission of discharge application ipso-facto do not lead that the accused person has accepted the opinion of the expert rather there is no hurdle before the trial court to move ahead and the accused persons have every right to raise question mark at the time of evidence to be led by the prosecution and even the accused persons have full right to lead their own evidence to disapprove such expert opinion while in defence evidence.
