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SANJAY KUMAR DWIVEDI
Sujit Dey @ Sujit Kumar Dey – Appellant
Versus
State of Jharkhand through A. C. B. – Respondent
JUDGMENT :
Heard Mr. Dilip Kumar Chakraverty, learned counsel for the petitioner, and Mr. Suraj Verma, learned Spl. P.P. for the opposite party-State.
2. This criminal miscellaneous petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard on merit.
3. This criminal miscellaneous petition has been filed for quashing the order dated 08.02.2021 passed by learned District Judge-II-cum-Special Judge, (A.C.B.), Dhanbad in Special Case No.15 of 2012, arising out of Vigilance P.S. Case No.15 of 2012, whereby, the learned court without giving opportunity to cross examine the expert exhibited the report given by the Forensic Science Laboratory, Jharkhand, Ranchi and allowed the petition dated 20.03.2020 under Section 293 of the Cr.P.C.
4. The case of the prosecution is that one Sanjay Kumar Singh had complained to the S.P. Vigilance, Ranchi stating therein that he is having land in the name of his grandmother in Rangamati, Police Station Baliapur, District-Dhanbad. Af
The accused has the right to challenge F.S.L. reports under Section 293(2) of the Cr.P.C. and should be allowed to cross-examine the person who submitted the report to ensure a fair trial.
The court emphasized the duty of the Court to discover the truth and the need for just decision of the case, highlighting the wide discretionary authority of the court under Section 311 of the Cr.P.C....
Trial vitiated if chemical/DNA reports relied upon without summoning experts for cross-examination; court must summon as witnesses, remand limited for that purpose with fresh Section 313 statements, ....
A chemical analysis report under Section 329 of the BNSS can be admitted without the expert's presence unless necessary; failure to object precludes summoning the expert.
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