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2022 DIGILAW 672 (ALL)

Praveen Pal v. State of U. P.

2022-04-29

SAMIT GOPAL

body2022
JUDGMENT : 1. Heard Sri Ravi Kumar Singh, learned counsel for the applicant and Sri Sanjay Kumar Singh, learned counsel for the State and perused the records. 2. Personal affidavit of Sri Ashok Kumar, Deputy Director, Forensic Science Laboratory, U.P., Agra has been filed today which is taken on record. He is present in Court in compliance of the order dated 6.4.2022 of this Court. 3. Personal affidavit of Sri Badugu Deva Paulson, Secretary (Home), Government of U.P., Lucknow has also been filed today which is taken on record. 4. Personal affidavit of Sri Mukul Goel, Director General of Police, U.P., Lucknow has also been filed today which is taken on record. 5. Learned counsel for the applicant states that the present bail application has rendered infructuous as the trial has concluded and the applicant has been convicted, as such the same may be dismissed as not pressed. 6. Although a prayer has been made to dismiss the bail application as not pressed but since compliance affidavits have been filed by the concerned officials as stated above in compliance of the order dated 6.4.2022 of this Court, it would be necessary to refer to them as the said matter is in the larger interest of justice before closing the issue. 7. On 6.4.2022, following order was passed by this Court:- "Heard Sri Ravi Kumar Singh, learned counsel for the applicant and Sri Sanjay Kumar Singh, learned counsel for the State. This is the second bail application on behalf of the applicant. The first bail application of the applicant was rejected by this Court vide order dated 6.2.2020 passed in Criminal Misc. Bail Application No.4779 of 2020. While rejecting the said bail application, this Court had expedited the trial and directed to conclude the same as expeditiously as possible, preferably within six months from the date of production of certified copy of the same. The said order was filed before the trial court on 3.3.2020. Learned counsel for the applicant argued that the applicant is in jail since 23.04.2018 and the trial has not concluded. This Court vide order dated 27.10.2021 directed the District Judge, Meerut to send the report regarding the stage of trial and compliance of the order dated 06.02.2020 passed by this Court. Learned counsel for the applicant argued that the applicant is in jail since 23.04.2018 and the trial has not concluded. This Court vide order dated 27.10.2021 directed the District Judge, Meerut to send the report regarding the stage of trial and compliance of the order dated 06.02.2020 passed by this Court. The order passed on 27.10.2021 is quoted here-in-below:- "Heard Sri Ravi Kumar Singh, learned counsel for the applicant and Sri Akhilesh Kumar Tripathi, learned counsel for the State. This is the second bail application on behalf of the applicant. The first bail application of the applicant was rejected by this Court vide order dated 6.2.2020 passed in Criminal Misc. Bail Application No.4779 of 2020. Learned counsel for the applicant argued that the order rejecting the first bail of the applicant was filed before the trial court on 3.3.2020 and even then the trial is pending and has not yet concluded. He has placed the certified copy of the order sheet which is annexed as annexure no.23 to the affidavit filed in support of bail application. The applicant is in jail since 23.04.2018. Looking to the arguments of the learned counsel for the applicant, let a report from the District Judge, Meerut be called within three weeks from today regarding the stage of trial and compliance of the order dated 06.02.2020 passed by this Court. The office to communicate this order to the concerned District Judge within a week from today. Let the matter be listed in the week commencing 22.11.2021 along with report received from the District Judge, Meerut." The report of the In-Charge Additional Sessions Judge/Special Judge, Special Court No.2 (Prevention of Corruption Act), Meerut dated 17.11.2021 is on record. A perusal of the said report shows that the statement of P.W.1 Phool Chand Singh was recorded on 4.9.2019, statement of P.W.2 Umesh Chand was recorded on 15.11.2019, statement of P.W.3 and 4 Monu and Devendra Saini was recorded on 18.2.2020. Subsequently the certified copy of the order dated 6.2.2020 was filed before the trial court on 5.3.2020, after it, statement of P.W.5 S.I. Ajay Kumar was recorded on 18.3.2020, statement of P.W.6 Dr. Vinod Kumar Singh was recorded on 16.10.2020 and 8.1.2021, statement of P.W.7 Constable Clerk Rambir Singh was recorded on 4.11.2020, statement of P.W.8 Dr. Shashank Mishra was recorded on 21.12.2020 and statement of P.W.9 S.I. Sunir Kumar was recorded on 10.8.2021. Vinod Kumar Singh was recorded on 16.10.2020 and 8.1.2021, statement of P.W.7 Constable Clerk Rambir Singh was recorded on 4.11.2020, statement of P.W.8 Dr. Shashank Mishra was recorded on 21.12.2020 and statement of P.W.9 S.I. Sunir Kumar was recorded on 10.8.2021. The report of the Forensic Lab with regards to the examination of the alleged weapon of assault has not reached the Court and as such the same was summoned. The trial court sent a letter dated 7.9.2021 and subsequently a reminder dated 11.11.2021 to the Forensic Science Laboratory, Agra for summoning the said report and even stating to the Joint Director that if the said item has not reached it's number, it should be examined on priority and a report be sent immediately. The report of the concerned trial Judge states that except for the report of the Forensic Lab, trial is almost complete. This situation is alarming. The investigation concluded and charge sheet was submitted which appears to have been submitted without the report of the Forensic Lab. The charges were framed and the evidence of all the witnesses have been examined as is evident from the report dated 17.11.2021 of the Trial Judge sent by the In-Charge District Judge with his letter dated 17.11.2021. The delayed examination of material in the Forensic Lab appears to be a routine now. In spite of the order of this Court and also various orders of other Courts, the system has not improved and it appears that the same have no effect and there is no anxiety by anyone to improve the system. The present case is glaring example of it. The applicant is in jail since 23.04.2018. The only impediment in conclusion of trial as of now is non-receipt of the report of the Forensic Lab. The letter and it's reminder by the trial court to the Joint Director, Forensic Laboratory, Agra also appear to have been kept pending in a routine manner without any action on it. Even the minimum courtesy of reciprocating the said letter and its reminder was not resorted to by the concerned officer. An order/direction/request from a court is expected to be honoured. This Court in Crl. Misc. Bail Application No.14403 of 2021 "Tahir Khan Vs. Even the minimum courtesy of reciprocating the said letter and its reminder was not resorted to by the concerned officer. An order/direction/request from a court is expected to be honoured. This Court in Crl. Misc. Bail Application No.14403 of 2021 "Tahir Khan Vs. State of U.P." vide order dated 11.11.2021 wherein viscera was preserved and the report was not made available had shown it's displeasure in delayed examination of the same by the Forensic Lab and had directed the Director General of Police, U.P., Lucknow and the Secretary, Homes, Government of U.P., Lucknow to take up the issue at their end for it's expeditious examination to help the Investigating Agencies so that the same would not be an impediment before the courts in deciding matters. It appears that in spite of the said order no system has been evolved and the matter is not being looked seriously by the concerned authorities. It is reiterated that the examination of material either by the Forensic Analyst or Chemical Analyst is an integral part of investigation which may provide a link regarding the cause of death or give a lead in the matter. The same is very relevant for the proper investigation and even for the courts judging the case in the trial. The charge-sheets are submitted without the reports of the Forensic Lab or Chemical Analyst, the investigation cannot be said to be completed without the report (s) of the experts to whom materials are sent for their opinion. As the prosecution relies on the said part of evidence also, it cannot be said that the investigation has concluded in spite of the reports not being received. A tendency has developed of filing of the said reports of the experts through a supplementary charge sheet at a much later stage. In the meantime the accused suffers the rigorous of jail and explores the remedy available to him for bail and even as per the facts of the present case all the witnesses have been examined in the trial but the said report is still awaited in spite of a letter and it's reminder by the concerned trial court to a responsible officer of the laboratory for sending a report by examining the contents out of turn. This system cannot be given a knot. It has to be deprecated. This Court apart from its inherent power has power of superintendence also. This system cannot be given a knot. It has to be deprecated. This Court apart from its inherent power has power of superintendence also. It cannot shut its eye to grave irregularities, when they are brought to its notice or even comes to its knowledge. Looking to the facts of the matter as stated above, let personal affidavits be filed by the Director General of Police, U.P., Lucknow and the Secretary, Home, Government of U.P., Lucknow informing the Court as to what steps are being taken by them for expeditious examination of materials sent to the experts for analysis. The said affidavit be filed within three weeks from today. The Director, Forensic Science Laboratory, Agra is directed to appear before this Court on the next date and explain as to why the letter dated 7.9.2021 and its reminder dated 11.11.2021 sent by the trial court has not been acted upon. Let the matter be listed on 29.04.2022. The Registrar General, High Court shall communicate this order to the concerned officers forthwith. Learned A.G.A. for the State shall also communicate it them for immediate compliance." 8. In response to the same, the affidavit of Deputy Director, Forensic Science Laboratory, U.P., Agra states that the examination report dated 03.03.2021 was sent to the Senior Superintendent of Police, Meerut by speed post on 3.3.2021 itself. Thereafter a reminder was sent for the same by the Circle Officer, Daurala, Meerut on 24.9.2021 through special messenger asking for the report to whom it was communicated that the said report dated 3.3.2021 has already been sent by post. Still in response to the said reminder, a second copy of the said report was sent on 24.12.2021 by Special Messenger Constable 1599 Shiv Pratap of Police Station Kankarkhera, District Meerut. The Station House Officer of Police Station Kankarkhera, District Meerut informed the Senior Superintendent of Police, Meerut that the report in question had been submitted in the Court of Additional Sessions Judge/Special Judge, District Meerut on 24.12.2021 and the evidence has completed and the matter has been fixed for 20.4.2022 for delivery of judgement. The judgement has been delivered on 20.04.2022 convicting the accused appellant Praveen Pal. 9. The judgement has been delivered on 20.04.2022 convicting the accused appellant Praveen Pal. 9. The Secretary (Home), Government of U.P., Lucknow has filed his affidavit dated 29.4.2022 stating about the steps being taken for expediting the examination of samples of the Forensic Science Laboratory so that the investigating agencies would be expediting the cases and also in order to remove the impediment caused by delay in deciding the cases before the courts. The steps which are being taken have been stated in para nos.6 to 14 of the said affidavit, the same are reproduced hereunder:- "6. That with regard to the issue pertaining to the examination of samples by the Forensic Science Laboratories, so that the investigating agencies would be held in expediting cases and in expediting the cases and in order to remove the impediment caused by delay in deciding the cases before the courts, the steps taken are stated hereunder:- 7. That it is most humbly submitted that at present, the examination of samples is being conducted at the Forensic Science Laboratories situated at Lucknow, Agra, Varanasi, Moradabad, Ghaziabad, Prayagraj, Jhansi and Gorakhpur. 8. That a decision had earlier been taken by the State Government to establish Forensic Science Laboratory for all the 18 Ranges. At present, the Forensic Science Laboratories at Lucknow, Agra, Varanasi, Moradabad, Ghaziabad, Prayagraj, Jhansi and Gorakhpur have been established and are functional annexure no.1 to this affidavit. 9. That the construction of the buildings for the Forensic Science Laboratories is in progress at Kannauj, Aligarh, Gonda and Bareilly. The process for establishment of Forensic Science Laboratory at Basti, Mirzapur, Azamgarh, Banda, Ayodhya and Saharanpur is ongoin. For kind and convenient referral and perusal by this Hon'ble Court, a chart reflecting the status for establishment of Forensic Science Laboratories Pan State is being enclosed herewith and marked as annexure no.2 to this affidavit. 10. That, out of 64 posts of Scientific Officers (direct recruitment), 22 Scientific Officers have been issued appointment letters. The recruitment to the remaining posts is under process. Out of 117 Scientific Assistants who have been selected by the Uttar Pradesh Subordinate Services Selection Commission, appointment letters to 72 of them have been issued on 13.04.2022, appointment letters to remaining successful candidates will be issued after their medical examination and character verification reports are received. 11. The recruitment to the remaining posts is under process. Out of 117 Scientific Assistants who have been selected by the Uttar Pradesh Subordinate Services Selection Commission, appointment letters to 72 of them have been issued on 13.04.2022, appointment letters to remaining successful candidates will be issued after their medical examination and character verification reports are received. 11. That by office memo dated 15.11.2021, the State Government has granted approval for the Forensic Science Laboratory Technical Officer Service Rules (First mendment) and remaining vacant posts shall be duly filled expeditiously thereby reducing the duration of the pendency of examination of samples, due to the availability of more trained personnel and necessary man power. A copy of office memo 15.11.2021 dated issued by the Home Police (Anubhag -9), Government of Uttar Pradesh, Lucknow is being enclosed herewith and marked s annexure no.3 to this affidavit. 12. That by letters dated 05.11.2018, 12.11.2018 and 17.11.2021 issued by the Director, Forensic Science Laboratory, Lucknow addressed to the incharge of all regional Forensic Science Laboratories Pan State and have been directed to accord top priority to the examination of samples in the matters related to murder and dowry death. Copies of the letters dated 05.11.2018, 12.11.2018 and 17.11.2021 issued by the Director, Forensic Science Laboratory, Lucknow addressed to all the Forensic Science Laboratories Pan State are being enclosed herewith and marked s annexure no.4 to this affidavit. 13. That it is most humbly submitted that every effort is being made to establish Forensic Science Laboratory Pan State and to appoint the requisite number of personnel, including scientific officers to ensure that the time taken in the examination of samples is reduced and so that the justified concern expressed by the Hon'ble Court in the aforesaid context is satisfactory and duly addressed. 14. That it is humbly submitted that the deponent is aware that the reports of the examination of material by the Forensic Analyst or Chemical Analyst, and the reports submitted after examination of a sample by the Forensic Science Laboratory, are an integral part of the investigation and the judicial process, and therefore, he assures this Hon'ble Court that deligent efforts will be made to ensure expeditious examination of samples and the obtaining of the reports thereof." 10. The Director General of Police, U.P., Lucknow has also vide his identically worded affidavit dated 29.04.2022 stated about the steps being taken for expeditious disposal of samples by the Forensic Science Laboratory for facilitating the investigating agencies and expediting the cases before the courts. The same have been stated from para nos.6 to 14 of the same which are reproduced hereunder:- "6. That with regard to the issue pertaining to the examination of samples by the Forensic Science Laboratories, so that the investigating agencies would be held in expediting cases and in order to remove the impediment caused by delay in deciding the cases before the learned courts, the steps taken are stated hereunder:- 7. That it is most humbly submitted that at present, the examination of samples is being conducted at the Forensic Science Laboratories situated at Lucknow, Agra, Varanasi, Moradabad, Ghaziabad, Prayagraj, Jhansi and Gorakhpur. 8. That a decision had earlier been taken by the State Government to establish Forensic Science Laboratory for all the 18 Ranges. At present, the Forensic Science Laboratories at Lucknow, Agra, Varanasi, Moradabad, Ghaziabad, Prayagraj, Jhansi and Gorakhpur have been established and are functional annexure no.1 to this affidavit. 9. That the construction of the buildings for the Forensic Science Laboratories is in progress at Kannauj, Aligarh, Gonda and Bareilly. The process for establishment of Forensic Science Laboratory at Basti, Mirzapur, Azamgarh, Banda, Ayodhya and Saharanpur is ongoin. For kind and convenient referral and perusal by this Hon'ble Court, a chart reflecting the status for establishment of Forensic Science Laboratories Pan State is being enclosed herewith and marked as annexure no.2 to this affidavit. 10. That, out of 64 posts of Scientific Officers (direct recruitment), 22 Scientific Officers have been issued appointment letters. The recruitment to the remaining posts is under process. Out of 117 Scientific Assistants who have been selected by the Uttar Pradesh Subordinate Services Selection Commission, appointment letters to 72 of them have been issued on 13.04.2022, appointment letters to remaining successful candidates will be issued after their medical examination and character verification reports are received. 11. The recruitment to the remaining posts is under process. Out of 117 Scientific Assistants who have been selected by the Uttar Pradesh Subordinate Services Selection Commission, appointment letters to 72 of them have been issued on 13.04.2022, appointment letters to remaining successful candidates will be issued after their medical examination and character verification reports are received. 11. That by office memo dated 15.11.2021, the State Government has granted approval for the Forensic Science Laboratory Technical Officer Service Rules (First amendment) and remaining vacant posts shall be duly filled expeditiously thereby reducing the duration of the pendency of examination of samples, due to the availability of more trained personnel and necessary man power. A copy of office memo 15.11.2021 dated issued by the Home Police (Anubhag -9), Government of Uttar Pradesh, Lucknow is being enclosed herewith and marked s annexure no.3 to this affidavit. 12. That by letters dated 05.11.2018, 12.11.2018 and 17.11.2021 issued by the Director, Forensic Science Laboratory, Lucknow addressed to the incharge of all regional Forensic Science Laboratories Pan State and have been directed to accord top priority to the examination of samples in the matters related to murder and dowry death. Copies of the letters dated 05.11.2018, 12.11.2018 and 17.11.2021 issued by the Director, Forensic Science Laboratory, Lucknow addressed to all the Forensic Science Laboratories Pan State are being enclosed herewith and marked s annexure no.4 to this affidavit. 13. That it is most humbly submitted that every effort is being made to establish Forensic Science Laboratory Pan State and to appoint the requisite number of personnel, including scientific officers to ensure that the time taken in the examination of samples is reduced and so that the justified concern expressed by the Hon'ble Court in the aforesaid context is satisfactory and duly addressed. 14. That it is humbly submitted that the deponent is aware that the reports of the examination of material by the Forensic Analyst or Chemical Analyst, and the reports submitted after examination of a sample by the Forensic Science Laboratory, are an integral part of the investigation and the judicial process, and therefore, he assures this Hon'ble Court that deligent efforts will be made to ensure expeditious examination of samples and the obtaining of the reports thereof." 11. In view of the affidavits of Secretary (Home), Government of U.P., Lucknow and Director General of Police, U.P., Lucknow, it is evident that steps are being taken for early examination of samples by the Forensic Science Laboratory. This Court has no reason and occasion to doubt the same. The efforts as enumerated in both the affidavits are expected to be seriously and effectively undertaken so that the samples at the Forensic Science Laboratory are examined in an expeditious manner. This Court hopes and trusts that the efforts of the Government in setting up additional laboratories and making them functional will continue in its true spirit and will yield positive results enabling expeditious examinations of samples which would lead to expeditious investigations and trials. Even the steps for gearing up the infrastructure of existing ones will also be taken care with all efficacy and interest. 12. The Registrar General of this Court and the learned counsel for the State shall communicate this order to the Secretary (Home), Government of U.P., Lucknow and Director General of Police, U.P., Lucknow for necessary information forthwith. 13. The present bail application is thus consigned to records.