Sakir Hussain v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16993 of 2017 ====================================================== Sakir Hussain Son of Fida Hussain Resident of Village- Baluwa Bazar, P.S.- Baluwa Bazar, District- Supaul.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Home, Govt. of Bihar, Patna.

2.

The Director, Police Laboratory, C.I.D., Bihar Bailey Road, Patna- 800023. 3.

The State Examiner of questioned documents, Police Laboratory, C.I.D. Bihar, Bailey Road, Patna- 80 4.

Pancham Narayan Mishra Son of late Chakrapani Mishra Resident of Village- Baluwa Bazar, P.S.- Baluwa Bazar, District- Supaul. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the State :

Mr.P.K.Verma -AAG-3 Dr. Mankeshwar Tiwari, AC to AAG 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 15-03-2019 Following are the reliefs sought for on behalf of the petitioner:- i. To hold and declare that the report vide No.H.W. 52/2007 concerned with T.S. No. 45/1994 (pending in the court of Sub-judge Ist Birpur Supaul) issued by learned State Examiner of questioned documents, Police Laboratory, C.I.D. Patna-23 is incorrect, fabricated and false report in view of the fact that signature in question on Mahadanama is actual and real signature of Respondent no.4 hereof.

Patna High Court CWJC No.16993 of 2017(3) dt.15-03-2019 2/2 (ii) To direct the court below (the Subjudge Ist, Birpur Supaul) to send the document to the any laboratory situated out of Bihar in view of the prayer of this petitioner.

iii. To direct the court below to act in terms of law arising out of principle of natural justice."

In my opinion, the plea of the petitioner cannot be entertained in a proceeding under Article 226 of the Constitution of India. The petitioner shall be at liberty to raise such plea before an appropriate forum in accordance with law. This writ application is disposed of accordingly. (Chakradhari Sharan Singh, J) HR/- U