P&H: Upholds Order Allowing Handwriting Expert’s Testimony In Private Complaint; Terms Trial Court’s Approach “Hyper-Technical”

Criminal Procedure Code, 1973, Ss.244, 246(6) — Examination of Handwriting Expert -  Complaint directly pertains to alleged forged affidavit and clearly relvent for proper adjudication of controversy - Complainant could not be denied an opportunity to lead material evidence merely because handwriting expert had not been...

Criminal Procedure Code, 1973, Ss.311, 246(6) — Distinction between applications — Earlier dismissal under Section 311 Cr.P.C. for summoning and comparison relating to an unrelated sale deed does not operate as bar to an application under Section 246(6) Cr.P.C. seeking examination of a handwriting expert...

Criminal Trial — Relevancy and fair — Hyper-technical approach which results in shutting out relevant evidence is impermissible - Criminal proceedings are ultimately aimed at discovery of truth and relevant evidence essential for just adjudication ought not to be excluded merely on procedural considerations unless serious prejudice is...

Words and Phrases — “Remaining witnesses” in Section 246(6) Cr.P.C. — The expression deserves liberal interpretation and is not confined to witnesses named in the original list appended with the complaint. (Para 8)