Allahabad High Court Calls For Timely Transmission Of Viscera Reports From Forensic Science Laboratories To Investigating Agencies

The Allahabad High Court, while expressing strong concern over delay in transmitting of the viscera report by the Forensic Science Laboratories to the Investigating Agency, has remarked that there has to be a procedure and process to expeditiously do it.

The Court was considering a Bail Application seeking bail in case registered under Section 498-A, 304-B of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The bench of Justice Samit Gopal observed, ".....it appears that from 04.09.2024 to 01.02.2025 the viscera report although was prepared but was not received by the Investigating Officer. The charge-sheet was filed without receiving the viscera report and even cognizance on the same was taken with receipt of the said viscera report.....This fact is disturbing. There has to be a procedure and process of expeditiously transmitting the viscera report by the Forensic Science Laboratories to the Investigating Agency for its consideration....."

The Applicant was represented by Advocate Habaldar Singh Katheria while the Respondent was represented by Government Advocate.

The fact showed that the investigation in the matter was concluded without receiving the viscera report and charge-sheet was submitted. It further showed that in so far as the cause of death of the deceased was concerned, it was not conclusive and viscera was preserved and the viscera report was received much after the filing of the charge-sheet which led the Court to believe that the investigation was on some count in some manner incomplete.

"The Chief Secretary, Government of Uttar Pradesh, Lucknow, The Director General of Medical Health, Government of Uttar Pradesh, Lucknow and The Director General of Police, Government of Uttar Pradesh, Lucknow are directed to look into the situation and ensure that viscera reports are communicated expeditiously without any wastage of time from the Forensic Science Laboratories to the Investigating Agency for complete, proper and effective assessment of the case during investigation", the Court ordered.

The allegations in the matter pertained to demand of dowry, torture and harassment by the Applicant-Husband and his family members. The deceased died unnaturally within seven years of marriage in her matrimonial house.

"The Co-accused who have been granted bail are the father-in-law and mother-in-law of the deceased and since the Applicant is the Husband of the deceased his case is distinguishable with that of the said co-accused. The cause of death could not be ascertained and viscera was preserved which after examination was found to contain Organochloro Insecticide. No ground for bail is made out", the Court held.

The Application was accordingly rejected.

Cause Title: Ramratan v. State of U.P. (2025:AHC:197989)

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