Compliance with court's direction for FSL examination and the importance of scientific evidence in aiding proper investigation and adjudication.

JUDGMENT

Sandeep Mehta, J. - The instant misc. petition under Section 482 Cr.P.C. has been filed by the petitioners herein with the following prayer:

"It is, therefore, most humbly and respectfully prayed that this Hon ble Court may kindly allow this criminal misc. petition and respondents may be directed to conduct fair investigation and before making any final report, FSL report of the so-called suicide note sought."

2. Previously, another misc. petition No.259/2019 was filed by the petitioners under Section 482 Cr.P.C. which was disposed of by this Court vide order dated 25.01.2019 in the following manner:

"2. Learned counsel for the petitioners has a limited prayer for the allegations under Section 306/34 of IPC that the suicide note claimed to have been recovered from the deceased may be got examined from Forensic Science Laboratory.

3. The I.O. present in Court submits that there is enough primary evidence and, therefore, scientific evidence is not required to prove the offence.

4. After hearing the learned counsel for the parties and on an overall consideration of the peculiar facts of the case, this Court does not find any reason that F.S.L. should not be done for suicide note. The F.S.L. report shall definitely help the prosecution and the Court to make proper investigation and for necessary adjudication.

5. Consequently, the present misc. petition stands disposed of by issuing direction to the I.O. to send the suicide note for F.S.L. while conducting investigation."

3. The petitioners have now approached this Court by way of this misc. petition claiming that the I.O. has not complied with the direction given by this Court and the suicide note has not been subjected to comparison by the FSL.

4. Learned Public Prosecutor has placed on record the I.O. s factual report and has shown the case diary to this Court as per which, disputed suicide note was subjected to comparison through the handwriting expert at the FSL and an FSL report dated 17.05.2019 has been received.

5. In this background, it is apparent that the compliance of this Court s order has already been made. The FSL report is already on record and it is expected that the I.O. shall take the same into account before concluding the investigation of the case.

6. With the above observations, the misc. petition is disposed of as the prayer made by the petitioners has been satisfied. Stay application is also disposed of.