The limited right of the complainant in the proceedings and the jurisdiction to conduct the prosecution.

JUDGMENT

1. The petitioner is facing trial in connection with Crime 55/99 registered with Ansing Police Station, District-Washim for offences punishable under Sections 406, 420, 468 and 471 of the Indian Penal Code.

2. The crime is registered on the basis of report dated 27-8-1999 lodged by Mr. Ashok Harkut, respondent 2 herein, who shall be referred to as the complainant.

3. The gist of the report is that the complainant availed loan of Rs.5,000/- from the petitioner, who shall be hereinafter referred to as the accused, and as security pledged his motorcycle. The complainant approached the accused and offered to return the loan amount. The accused, however, avoided to return the motorcycle on one pretext or the other and enquiries with the Regional Transport Office revealed that the motorcycle was sold to one Mr. Bhaskar Borkar by forging the signature of the complainant on the transfer documents.

4. Culmination of investigation resulted in the submission of the final report. The trial Court framed charge under Sections 406, 420, 468 and 471 of the Indian Penal Code. The evidence commenced and as many as seven witnesses are examined.

5. The complainant preferred an application Exhibit 34 seeking a direction to the accused to give the handwriting specimen and to send the same to the Handwriting Expert for fresh examination.

6. The accused opposed the application Exhibit 34 preferred by the complainant pointing out that the Assistant State Examiner of the Documents to whom the specimen of the handwriting collected during investigation, has given a report and that the Expert did attend the Court for recording of evidence on 04-12-2013 and, therefore, the prayer to have a fresh examination of the handwriting specimen is not tenable. The accused specifically contended that the application preferred by the complainant was not tenable.

7. The learned Magistrate partly allowed Exhibit 34 vide order dated 30-4-2014 and the operative part of the order reads thus : ....[VERNACULAR TEXT OMMITED]....

8. The complainant assailed the order of the learned Magistrate in Criminal Revision 36/2014, which is dismissed vide order dated 10-7-2018.

9. The complainant is invoking the extra ordinary jurisdiction under Articles 226 and 227 of the Constitution of India in assailing the orders impugned.

10. Few facts, which are discernible from record, may now be noted.

11. It is irrefutable that during the course of investigation, the Investigating Officer collected as many as thirty-six specimens of the handwriting of the accused. The specimens of the handwriting of the accused and the disputed signatures appearing on the transfer documents were forwarded to the Handwriting Expert, who submitted report dated 20-7-2013. It is further discernible that the evidence of the Handwriting Expert was not recorded although he was present in the Court. The learned Magistrate observes that the Investigating Officer did collect sufficient specimen signatures. However, the learned Magistrate further holds that it would be necessary to forward the thumb impressions of the accused collected during the investigation to the Handwriting Expert for comparison with the thumb impressions appearing on the transfer documents. It is further held that the signature appearing on the registration certificate and the signatures appearing on the transfer documents shall have to be compared by the Handwriting Expert. It is further irrefutable that application Exhibit 34 was treated by the learned Magistrate and the revisional Court as an application preferred by the complainant, and justifiably so. It does appear that the left bottom corner of the application bears the signature of the A.P .. In the absence of any material to suggest that there was any independent application of mind by the learned A.P. or that the learned A.P. too was of the opinion that it would be necessary to submit the specimen of the signatures and the thumb impressions to the Handwriting Expert for fresh exam