Neutral Citation No. - 2025:AHC-LKO:45113-DB Court No. - 1 Case :- SPECIAL APPEAL No. - 299 of 2023 Appellant :- Vindeshwari Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Mandhyamik Shiksha U.P. Govt. Lko. And Others Counsel for Appellant :- Ajay Pratap Singh,Apoorv Pandey,Gyanendra Kumar Pandey Counsel for Respondent :- C.S.C.,Ram Kumar Singh Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. After hearing the parties, what comes out is that while passing the order dated 06.09.2022 in the second appeal preferred by the appellant arising out of the proceedings for cancellation of death certificate of the husband of the appellant, the District Magistrate has recorded an incorrect finding as if it is the appellant, who had got the forensic examination done by a private Forensic Expert whereas the documents on record, veracity of which has not been denied by learned Standing Counsel before us such as the documents contained in Annexure No. 17 reveals that the Collector/District Magistrate, Barabanki had himself written to the Forensic Expert-Sri Meraj on 06.06.2022 for conducting the forensic examination. Therefore, it is inexplicable as to how such a finding could have been recorded in his order. If the Collector/District Magistrate was of the opinion that the report was not reliable and the examination should be got conducted from some Government Forensic Lab, then he could have very well ensured the same, instead he has dis-believed the report on a ground which is factually incorrect. It is only after getting an appropriate forensic examination conducted, if necessary, from a Government Lab that the other issues as regards the alleged presence of the deceased on 02.10.2020 in the farewell at the residence of the Principal could have been considered. Things would have been different, if the matter had not been ordered to be got forensically examined but having done so, he could not have brushed aside the report in the manner in which he has done. Of course, he could have got a fresh forensic examination conducted from a Government Forensic Lab. We, therefore, set aside the order passed in the second appeal dated 06.09.2022 and instead of remanding the matter to the writ court, we direct the District Magistrate to look into the matter afresh if necessary and possibly to get afresh forensic examination conducted of the relevant documents and take afresh decision in the matter. The Managing Committee or the Principal of the College where the deceased was a Peon may also be heard in any such inquiry for ascertaining the truth. For the reasons aforesaid, the judgment of the Writ Court which does not take into consideration the aforesaid aspect of the matter cannot be sustained. It is set aside so is the order dated 06.09.2022. The appeal is allowed in terms of the aforesaid order. [Manish Kumar, J.] [Rajan Roy,J] Order Date :- 4.8.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench