PRAMOD KUMAR v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/10504/2025 · 2025-12-11
Brij Raj Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 195435 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 195435 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10504 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. Heard Shri Suresh Chandra Verma, learned counsel for the applicant, Sri Rao Narendra Singh, learned A.G.A. for the State and perused the record. In view of order proposed to be passed, notice to opposite party no.2 is dispensed with. The present application has been filed seeking quashing of impugned order dated 12.08.2025 passed by the Judicial Magistrate-III, Lucknow (in short "Trial Court") in Complaint Case No.851 of 2013, (Mukesh Kumar Patel Vs. Pramod Kumar), under Section 379, 419, 420, 406, 467, 468, 471, 504 & 506 IPC, Police Station- Alambagh, District-Lucknow. Vide impugned order, the application dated 31.01.2025 filed by the complainant has been allowed. It is a case of the applicant that opposite party no.2 filed an application dated 13.07.2017 before the Court praying for inquiry regarding the stamp, seal, signatures and handwriting. The detailed objection was also filed. Without knowledge and consent of the applicant, the opposite party no.2 is alleged to have procured two handwriting/forensic reports from a private entity titled "Alfa Forensic Science Organization" bearing Report No. 1282 dated 04.10.2019 and Report No. 1295 dated 24.10.2019. He has further submitted that the said reports are photocopies of the documents and they are not in original forms. The opposite party no.2 has Versus Counsel for Applicant(s) : Suresh Chandra Verma Counsel for Opposite Party(s) : G.A. Pramod Kumar .....Applicant(s) State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s)
submitted another application dated 17.12.2019 before the trial Court seeking to bring said reports on record as evidence and record the evidence and file new list of prosecution witnesses comprising thee new names, including "M/s Alfa Forensic Science Organization through authorized person" as proposed prosecution witness. The said application was moved without serving copy to the applicant. The opposite party no.2 moved another application dated 31.01.2025 praying for summoning
"Alfa Forensic Science Organization through authorized person and authored signatory of report" as a prosecution witness The detailed objection dated 22.04.2025 was filed by the applicant and in which he has mentioned that proposed witnesses of opposite party no.2 was never named in the complaint nor was he included in the list of prosecution witnesses to the complaint prior to the summoning of the accused under Section 204 Cr.P.C..
He has further submitted that such witness had not been examined during the inquiry under Section 202 Cr.P.C.., therefore, at the stage of Section 244 Cr.P.C., no additional or fresh witness could be brought beyond the witnesses in the original list. The trial Court, after going through the record, has allowed the application filed by the complainant, hence, the instant application under Section 482 Cr.P.C. has been filed. On the other hand, Sri Rao Narendra Singh, learned A.G.A. for the State has submitted that the application under Section 244 Cr.P.C. has been entertained and the trial court has passed the order to the extent that the complainant had obtained forensic report in the year 2019 and to know the genuineness he wants to get handwritten expert opinion which is in consonance under Section 45 of Indian Evidence Act, 1872 because it is a document which is to be proved. Once such application has been allowed, the applicant will have right to rebut the same and all the legal pleas will be available to the applicant. The applicant may also take plea whether photocopy is admissible or not, that is subject matter before the trial Court. He has lastly submitted that under Section 482 Cr.P.C., this Court cannot do mini-trial or weigh the evidences as stated, by learned counsel for the applicant. A482 No. 10504 of 2025 2
After going through the record, it is clear that an application filed by the complainant has been allowed and the Court wants to get expert opinion. The document is photostat copy of original, certainly, the trial Court will look into the entire fact, but this Court cannot look into evidences, at this juncture, under Section 482 CrPC. Accordingly, the application is rejected. However it is open for the applicant to raise legal pleas and take legal steps, as available under the law. December 11, 2025 Mohit Singh/- A482 No. 10504 of 2025 3 (Brij Raj Singh,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench