Regarding report of handwriting expert

This query is : Resolved 
 

(Querist)
18 September 2019

there are two handwriting reports in the case . first was done by private handwriting expert by complainant and second one done by police under investigation order by magistrate on the basis of complaint. both report are saying signature is different on document and actual signature of complainant . we are for accused side . they have only this ground to plead . the case is at the stage of framing of charge. can we demand now private expert report from ourside. how can court charged accused on the basis of handwrting expert report which is weak in nature and corrobarative. all other things are in my client favour like complainant admit in his statement he took the money but he his saying he took the money to supply the water to the field of accused. there are various things. he made the complaint for register a case under section 420 ,465,467 and 471 of IPC. this case is from madhya pradesh . according to state amendment 465 467 471 is session trial. we want accused should be discharged under 465,467and 471 so the matter can goes to magistrate court which will be easy. even my client is having ex parte decree in his favour which is till now does not set aside. please suggest some remedy.


Isaac Gabriel (Expert)
18 September 2019

There appears contradictions that i) when ex-party order was passed ? 2. When the.document.sent to handwriting expert ? 3.Did the court accept outside opinion ? How the trial continue, once ex-party oder passed.?

Adv. Vaishali Harish Gore (Expert)
19 September 2019

not understand in which document forged signature has been put? or details of ex-party decree?
can suggest nothing on incomplete details

Kishor Mehta (Expert)
19 September 2019

Yes you can request the Hon. Court for a third opinion.

Dr J C Vashista (Expert)
20 September 2019

The report of FSL or CFSL obtained by Court shall prevail over private expert's report, which is stated to be in favour of accused.
In this situation the accused should be discharged.
However, your statement is vague and ambiguous, it would be better to consult a local senior with records/case file and subject reports.
Best of luck.

Hemant Agarwal (Expert)
20 September 2019

1. YES .... agree with expert Dr. J.C.Vashista,

2. ONLY a Govt. registered Lab's Forensic Report, can be taken as conclusive authentication, on records & proceedings of the Court.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Vaibhav Pratap Chand (Querist)
20 September 2019

ex parte decree was passed earlier afterthat complaint was made under section 420,467,471 of ipc. when magistrate took cognizance then he ordered for investigation .when the compalint was filed then complainant himself submit a private expert opinion report but when magistrate ordered for investigation then police submitted govt expert opinion report. both report are against accused . now just want to know whether can i file application uder section 45 of evidence act for private expert report from accused side. because here the complainant and police both are in the same team means they are prosecution side.

P. Venu (Expert)
29 September 2019

How there could be an "ex-parte" decree in a criminal case??

N.J.S.Rajkumar alias narasimha (Expert)
29 September 2019

Mr.P.Venu is Right, .. There can not be an Ex parte judgement under Criminal Law.



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