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High Court for State of TelanganaWP/20282/2012closed no costs

Smt. G. Krishna Kumari, v. The Director,

2015-06-25Sanjay Kumar3 pages

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.20282 OF 2012 DATED 25th JUNE, 2015 Between:

Smt. G. Krishna Kumari .. Petitioner and The Director, A.P. State Forensic Science Laboratory, Red Hills, Hyderabad and another .. Respondents

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.20282 OF 2012

O R D E R

This writ petition is filed assailing the action of the Andhra Pradesh State Forensic Science Laboratory, Hyderabad, in not taking necessary action upon the letters dated 13.10.2011 and 04.01.2012 addressed to it by the learned Junior Civil Judge, Kaikaluru. By letter dated 13.10.2011, the learned Junior Civil Judge, Kaikaluru, asked the Director, Andhra Pradesh State Forensic Science Laboratory, Hyderabad, to choose some other handwriting expert who was well-versed with the mode of examination of disputed documents. The subsequent letter dated 04.01.2012 was again addressed by the learned Judge to the Director, Andhra Pradesh State Forensic Science Laboratory, Hyderabad, reiterating the same request.

The Director, Andhra Pradesh State Forensic Science Laboratory, Hyderabad, filed a counter-affidavit stating that upon receipt of the letter dated 14.10.2011 from the learned Junior Civil Judge, Kaikaluru, he had addressed letter dated 29.10.2011 informing the Court that the retired Assistant Director, C. Suresh, was expected to arrive in the third week of November, 2011 and prayed for an adjournment in the suits where his evidence was required. He further stated that C. Suresh, Assistant Director, Andhra Pradesh State Forensic Science Laboratory, Hyderabad, had retired from service in 2009 and returned from abroad only in November, 2011. Again, upon receipt of the letter dated 04.01.2012, he stated that letter dated 25.07.2012 was addressed to C.

to give evidence immediately. This fact was also informed to the learned Junior Civil Judge, Kaikaluru. The Director further stated that some delay had occurred in communicating with the Court about the non-availability of C. Suresh, Assistant Director, which was neither willful nor wanton and apologized for the same.

In the light of the aforestated developments, this Court is not inclined to pass any strictures against the respondents. However, the respondent laboratory would be well advised to be more careful in future while dealing with Court cases.

Subject to the above observation, the writ petition is closed. Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs.

______________________ SANJAY KUMAR, J 25th JUNE, 2015 Svv