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2010 DAILYLAW 1546 (CAL)

AMAR KUMAR ROY ALIAS BAMAR KUMAR ROY MONDAL AND ANR v. JHARNA KAMAR AND ORS

CO/2010/2024 · 2026-09-14

Dinesh Kumar Sharma

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Judgment text

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C.O. 2010 OF 2024 14.09.2026 Amar Kumar Roy @ Amar Kumar Roy Mondal & Anr. Sl no. 10 - Vs – Ct no. 2 Jharna Kamar & Ors. P.M. Mr. Jayanta Narayan Chatterjee, Sr. Adv Ms. Moumita Pandit, Ms. Ritushree Banerjee, Ms. Olivia Dutta, Ms. Suprovo Dey ... for the Petitioner. Mr. Sounak Bhattacharya, Mr. Sounak Mondal Mr. Lal Ratan Mondal ... for the opposite party 1. Affidavit of service filed by the petitioner is taken on record. 2. Present petition has been filed challenging the order dated 11th March, 2024 passed by learned Additional District Judge, 5th Court at Alipore. 3. The log and short of the controversy that the report of Questioned Document Examination Bureau (hereinafter referred to as QDEB) filed in the present case has been put as exhibit 6. 4. Petitioner/defendant raised objection over it and moved an application dated 24th January, 2024 for de exhibiting the same. On various grounds, inter alia, that the documents for comparison sent to the QDEB were not proper. 5. Both sides have put their submissions. 6. The Court has considered the submissions. The case is at the stage of trial. The Revocation Case No. 02 of 2011 in which the impugned order has been passed is still at the stage of trial and the material evidence is yet to be appreciated by the learned Trial Court. 7. It is a settled proposition that merely putting an exhibit mark at a document does not make such document per se admissible. The Court at the time of final appreciation has to look into the evidentiary value, admissibility and the authenticity of such document. 8. The grievance of the petitioner is that the putting an exhibit mark may prejudice the case of the petitioner/defendant. 9. This court is of the firm view that the learned Trial Court shall consider the evidentiary value, admissibility, authenticity of QDEB report in accordance with law taking into account the oral / documentary evidence. De hors of the impugned order dated 11th March, 2024 the party shall be at liberty to raise all 2 the contentions regarding the evidentiary value and admissibility of such report. 10. With this observation this petition stands disposed of. 11. Learned Trial Court shall independently assess the evidentiary value, admissibility, authenticity of QDEB report without being influenced by the order dated 11th March, 2024. 12. All the contentions are left open. 13. Since the revocation case of 2011 learned Trial Court is requested to expedite the matter in accordance with law. 14. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all usual requisite formalities (Dinesh Kumar Sharma, J.) 3