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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. SUJANA
E. Lokeshwara – Appellant
Versus
State of Telangana – Respondent
ORDER :
1. In these two petitions parties and issues raised in these criminal petitions are common. Petitioners herein are accused and respondent No.2 is de facto complainant in CC.NI.No.40 of 2023 on the file of the Court of XVI Additional Judge cum XX Additional Chief Metropolitan Magistrate, City Civil Court at Secunderabad.
2. Crl.P.No.4841 of 2024 was filed praying to quash the order passed in Crl.M.P.No.3944 of 2023 in CC NI No. 40 of 2023 allowing the petition filed by de facto complainant under Section 45 of the Indian EVIDENCE ACT seeking to send Ex.P2 and Ex.P3 along with Ex.P18 - Letter of Undertaking dated 20.11.2020 executed by accused, to FSL or Truth Labs for opinion of the expert and confirmation of signatures of accused.
3. Crl.P.No.4450 of 2024 was filed praying to quash the order in Crl.M.P.No.3945 of 2023 in CC NI No. 40 of 2023 allowing the petition filed by de facto complainant under Section 311 of CRIMINAL PROCEDURE CODE seeking to reopen the case for the purpose of adjudication of petition filed under Section 45 of the Indian EVIDENCE ACT .
4. The trial Court vide separate orders dated 20.02.2024 allowed the Crl.M.P.No.3944 of 2023 and Crl.M.P.No.3945 of 2023
The court upheld the admissibility of expert opinion evidence without requiring arrest, affirming protections against constitutional violations in evidence gathering.
The court affirmed that specimen signatures can be obtained for investigation purposes without arresting the accused, ensuring compliance with procedural rights.
Cooperation with criminal investigations under Section 91 Cr.P.C. does not necessitate prior arrest and the issuance of notices for signature samples is valid, preserving investigative authority.
A specimen handwriting or signature or finger impressions by themselves are no testimony at all being wholly innocuous because they are unchangeable except in rare cases where the ridges of the finge....
The exercise of discretionary powers under Section 311 Cr.P.C. should ensure the just decision of the case and be invoked for strong and valid reasons.
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