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TMI Blog2009 (5) TMI 960X X X X Extracts X X X X X X X X Extracts X X X X ..... l Leave Petition (Crl.) No. 1880 of 2007 has been filed by Narender Goel who was not a party before the High Court while the Criminal Appeal relating to SLP(Crl.) No. 3206 of 2007 has been filed by Pawankumar Satyanarayan Goenka who was also not a party before the High Court. Dr. Sadankumar Goel, the petitioner in Criminal Writ Petition No. 1930 of 2006 is the husband of Dr. Asha Goel (hereinafter referred to as the 'deceased') who was found murdered. Said Dr. Sadankumar Goel filed the Criminal Writ Peition No. 1930 of 2006 with the prayer that respondents 1 to 7 in the Writ Petition should be directed to take appropriate steps under Section 166(A) of the Code of Criminal Procedure, 1973 (in short the 'Code') in CPNA No. 6 of 2004 registere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reflects the concern on the part of the office of the Chief Coroner for Ontario; the deceased was a Canadian Citizen and a resident of Ontario. The High Court called upon the investigating agency to file their short reply. In the reply filed it was accepted that the facility for Mitochondrial DNA analysis is not available in the Forensic Science Laboratory either in Kalina or at Kolkatta and if it is the writ petitioner's belief that carrying out such an analysis on the material seized by the police during the course of investigation would bring to light with unerring certainty the culpability of the concerned accused, it will not only aid the investigation but also there cannot be any question of objection to the helping hand offered by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt order has been obtained between the family members of the deceased and the prosecution keeping the accused persons completely away from the proceeding though their rights are directed affected. 8. It is submitted that by the impugned order the Investigating Officer has been authorized to remove important piece of evidence from Bombay, take the same directly from the Office of the Chief Coroner of Ontario Laboratory for Mitochondrial DNA test. There is no letter of request from competent court to the concerned court or authority. The laboratory in question cannot be considered to be authority covered under Article 12 of the Constitution of India, 1950 (in short the 'Constitution') and in view thereof it cannot be said that the matter had ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Court with the burden of searching for all the potential accused to be afforded with the opportunity of being heard." The accused can certainly avail himself of an opportunity to cross examine and/or otherwise controvert the authenticity, admissibility or legal significance of material evidence gathered in course of further investigations. Further in light of the views expressed by the investigating officer in his affidavit before the High Court, it is apparent that the investigating authorities would inevitably have conducted further investigation with the aid of CFS under Section 173(8) of the Code. 11. We are of the view that what is the evidentiary value can be tested during trial. At this juncture it would not be proper to interfere ..... X X X X Extracts X X X X X X X X Extracts X X X X
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