Research › Search › Judgment

Rajasthan High Court · body

2012 DIGILAW 2040 (RAJ)

Malaram v. State of Rajasthan

2012-09-28

RAGHUVENDRA S.RATHORE

body2012
Hon'ble RATHORE, J.—By this revision petition, a challenge has been made to the order dated 25.7.2011 passed by the learned Additional District Judge (Fast Track) No.2, Sikar, Headquarter Sri Madhopur, whereby the application dated 23.7.2011 filed by the police officer who was investigating the case arising out of FIR No.303/2010, registered at Police Station Sri Madhopur for the offences, inter alia under Section 420, 467 and 468 IPC so as to take the agreement in question dated 24.2.2010 for the purpose of getting the handwriting expert opinion from FSL, Jaipur has been rejected. The learned court below has declined the request made by the Investigating Officer holding that during the course of investigation of criminal case, before obtaining a document from the Civil Court, permission is to be sought from the High Court. Further, it has held that the Civil Court is not authorised to hand over the agreement dated 24.2.2010 during the course of investigation in FIR No.303/2010 to the SHO, Police Station Sri Madhopur for the purpose of examination by the FSL. 2. The learned counsel for the petitioner has submitted that the order passed by the learned court below is erroneous because at the time of filing of Final Report, an order in respect of examination of the agreement in question by the FSL had been passed. In support of his submission, he has placed reliance on the case of Borilal vs. State of Rajasthan & Ors., 2006 Cr.L.J. 1715. 3. The facts and circumstances of the case as well as the material on record have been considered by this Court and the impugned order has been carefully perused. The relevant provision with regard to procedure for obtaining the document in question by the investigating agency from the Civil Court is laid down under Rule 181 of the General Rules (Civil), 1986. The said provision reads as under:- “181. Prohibition against issue of records.-Ordinarily no record shall be issued except on the requisition of a Civil, Criminal or Revenue Court, of a Tribunal of the Government, of the Board of Revenue, of Commissioner of Excise and of the Inspector General of Registration and Stamps, and then only on an order of the presiding officer. In all other cases, before a record is issued the orders of the high Court shall be taken on the subject.” 4. In all other cases, before a record is issued the orders of the high Court shall be taken on the subject.” 4. In view of the aforesaid provision, it is clear that in order to obtain an original document which is in the record of the Civil Court, the investigating officer concerned has to seek an order from the concerning court, Civil/ Criminal/ Revenue/ Tribunal/ Board of Revenue, etc. The said court is to pass an appropriate order on the application of the investigating officer and thereafter a requisition be issued by it to the concerning Civil Court for handing over the document. The investigating officer has to then place a certified copy of the said document in the record of the Civil Court and receive the original documents for the purpose of getting it examined by the handwriting/ finger prints expert from the FSL. On having received the report/ opinion from the FSL, the investigating officer is supposed to return the original documents to the Civil Court where it is required for the purpose of civil proceedings pending before it. 5. In view of the above, this Court is of the considered opinion that so far as the observation made by the learned court below that during the course of investigation in a criminal case, an original document can be obtained from a Civil Court only by the order of the High Court is erroneous and contrary to the procedure laid down under law. The aforesaid rule very clearly specifies that in case of other than the one mentioned in the rule, a document is to be obtained only when an appropriate order has been sought from the High Court. The provision does not lay down that in all cases, where original document from the record of civil court, etc., is required to be taken by the investigating officer, he has to seek permission from the High Court. 6. In the facts and circumstances of the case as well as the impugned order passed by the learned court below, it is deemed just and proper to dispose of this reivision petition with the direction to the investigating officer in FIR No.303/2010, registered at Police Station Sri Madhopur, District Sikar to file an appropriate application before the concerning court having jurisdiction over Police Station Sri Madhopur and seek order for receiving the original document from the record of Civil Court. Thereafter, the Court having the jurisdiction in the instant case shall issue a requisition for the Civil Court concerned to give the original document to the investigating officer for the purpose of getting an expert opinion from the FSL. The investigating officer shall place on record a certified copy of the original documents in the record of a Civil Court. The said original document received from the Civil Court shall be returned by the investigating officer as soon as he receives it back from the FSL, after expert opinion. 7. In view of the above observations, this revision petition is disposed of.