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SHEEBA CYRIL, D/O.LAWRANCE JOSEPH versus MEJO STALIN, W/O.STALIN FRANKLIN

High Court of Kerala

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SHEEBA CYRIL, D/O.LAWRANCE JOSEPH v. MEJO STALIN, W/O.STALIN FRANKLIN - Crl MC No. 1511 of 2007 [2007] RD-KL 8936 (29 May 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 1511 of 2007()

1. SHEEBA CYRIL, D/O.LAWRANCE JOSEPH,
... Petitioner

Vs

1. MEJO STALIN, W/O.STALIN FRANKLIN,
... Respondent

2. STATE OF KERALA, REPRESENTED BY

For Petitioner :SRI.G.SUDHEER

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

Dated :29/05/2007

O R D E R

R.BASANT, J

Crl.M.C.No.1511 of 2007

Dated this the 29th day of May, 2007

ORDER

Petitioner is the accused in a prosecution under Section 138 of the Negotiable Instruments Act. He wanted the cheque, on the basis of which the prosecution is launched, to be sent to the expert for examination and opinion. The learned Magistrate allowed the said request and considering the possibility of protraction of proceedings directed that the cheque be sent to a private expert and not to the handwriting expert at the Forensic Science Laboratory. The petitioner claims to be aggrieved by that part of the direction only.

2. The learned counsel for the petitioner submits that the petitioner apprehends that the respondent, allegedly a wealthy person and allegedly "belonging to the blade mafia" may attempt to influence the expert.

3. That reason is not substantiated nor is that reason by itself sufficient to persuade this Court to invoke the extraordinary jurisdiction under Section 482 Cr.P.C. The parties shall have the opportunity to examine the expert and in these circumstances I am satisfied that the impugned order does not warrant any interference. This Crl.M.C is, in these circumstances, dismissed.

(R.BASANT, JUDGE)

rtr/-


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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