JUDGMENT 1. 1. With the consent of the parties, the matter was finally heard at admission stage. 2. The petitioner filed this petition as revision petition under Section 397 (401) Criminal Procedure Code against the order dated 3.4.2001 passed by the Special Judge, Women Atrocities & Dowry Cases, Jaipur in sessions case No.23/2001 (State V/s Prakash Mehra ) whereby the learned trial court has rejected the application filed by the petitioner under Section 311 of Criminal Procedure Code read with Section 45 of the Evidence Act. This Court vide order dated 19.4.2001, on the request of the learned counsel for the petitioner ordered that this revision petition be treated as criminal misc. petition. 3. Learned counsel for the petitioner-complainant contended that the petitioner-complainant submitted an application to the DIG, Police Range-I, Jaipur District wherein it was alleged that his daughter Sunita Atal was student of 1st year TDC and studying in Kanodiya College, Jaipur. Prakash Mehra Chandra Prakash was teasing his daughter for the last 2-3 months. He committed rape with the daughter of the petitioner against her will. Therefore, she committed suicide by consuming some poisonous thing. Before consuming poisonous thing, she wrote five small chits in which she has mentioned the name of Prakash Mehra and also mentioned about the rape committed with her. On receipt of this report, a case for offences under Section 376 and 306 Indian Penal Code was registered and investigation commenced and after completion of the investigation, challan for offences under Section 376 and 306 Indian Penal Code against the accused Prakash Mehra was filed and charges were framed. As per the FSL report, signature of the deceased Sunita was found on the chits but the FSL did not give any opinion about 06 chits on the ground that material is not sufficient to express the opinion upon which the complainant submitted the material to ascertain this fact by FSL before the Court. But the Court dismissed the application of the petitioner filed under Section 311 Criminal Procedure Code read with Section 45 of the Evidence Act observing that it is not the duty of the Court to collect the evidence. 4. Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the order dated 3.4.2001 and contents of the petitioner. 4. Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the order dated 3.4.2001 and contents of the petitioner. I deem it proper to set aside the order dated 3.4.2001 passed by Special Judge, Women Atrocities & Dowry Cases, Jaipur and further direct the trial court to send the material which was furnished by the complainant to the FSL to ascertain and to give definite opinion with regard to 06 chits.With these observations, the misc. petition stands allowed.Petition allowed. *******