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2016 Supreme(SC) 22

T. S. THAKUR, KURIAN JOSEPH
PREM SAGAR MANOCHA – Appellant
Versus
STATE (NCT OF DELHI) – Respondent


Judgment

Kurian, J.

Leave granted.

2. Appellant is aggrieved by the proceedings initiated by the High Court of Delhi against him under Section 340 of The Code of Criminal Procedure, 1973 (hereinafter referred to as ‘CrPC’) which culminated in the impugned order dated 22.05.2013 whereby the High Court directed its Registrar General to file a complaint against the respondent.

SHORT FACTS:

3. In connection with the investigation of F.I.R. No. 287 of 1999 registered at Police Station, Mehrauli (Jessica Lal Murder Case), the Police sought an expert opinion from the State Forensic Science Laboratory, Rajasthan by letter dated 19.01.2000. The expert opinion was in respect of the following three questions:

“1. Please examine and opine the bore of the two empty cartridges present in the sealed parcel.

2. Please opine whether these two empty cartridges have been fired from a pistol or a revolver.

3. Whether both the empty cartridges have been fired from the same firearm or otherwise.” (Emphasis supplied)

4. The appellant at the relevant time was working as the Deputy Director of the Laboratory. He forwarded a report dated 04.02.2000 with the following result of examination:

“(i) The caliber of two car






































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