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2012 DIGILAW 2192 (RAJ)

Nanak Chand v. State of Rajasthan

2012-11-06

SANDEEP MEHTA

body2012
JUDGMENT 1. - This criminal miscellaneous petition under Section 482 Cr.P.C. is directed against the order dated 30.6.2012 passed by the Additional Distt. and Sessions Judge, Anoopgarh whereby the application filed by the I.O. for handing over the original agreement for F.S.L. examination has been rejected. 2. I have heard learned counsel for the parties. Carefully gone through the impugned order. 3. Learned counsel for the petitioner has placed reliance on a decision of this Court in Borilal alias Bodi Lal v. State of Rajasthan, 2006 (1) Cr.L.R. (Raj.) 549 , wherein this Court, while considering the provisions of Rule 181 of the General Rules (Civil), 1986, directed the civil Court to keep a certified copy of the said document in the file of civil suit and hand over the original to the Investigation Agency for F.S.L. examination. The controversy involved in the instant petition stands squarely covered by the decision of this Court in Borilal alias Bodilal v. State of Rajasthan (supra). 4. In the present case also, the trial Court dismissed the application filed by the I.O. on the ground that Rule 181 of the General Rules (Civil), 1986 (for short, "the Rules of 1986' hereinafter) provides that such a document can be given only with the permission of the High Court. 5. The facts giving rise to the instant miscellaneous petition are that the I.O. P.S. Ramsinghpur was investigating the F.I.R. No. 79/2012 filed by the petitioner for the offence under Sections 420, 467, 468, 471 and 120-B I.P.C. with the allegations that the agreement which was produced by the plaintiff in Civil Suit No. 79/2012 in the Court of Addl. District Judge, Anoopgarh was forged. During investigation of the said F.I.R., in order to ascertain as to whether the signatures/thumb impressions appended on the documents are genuine or not, the I.O. sought to procure the original document so that it could be examined by the handwriting expert for a scientific comparison. The original document was already filed in the civil suit and therefore the I.O. in accordance with Rule 181 of the General Rules (Civil), 1986 submitted an application for procuring the document in question for the purpose of investigation. The Court below by the order dated 30.6.2012 has rejected the said application and hence the instant miscellaneous petition before this Court. 6. The Court below by the order dated 30.6.2012 has rejected the said application and hence the instant miscellaneous petition before this Court. 6. Counsel for the petitioner submits that the controversy involved in the matter is no longer res-integra in view of the decision rendered in Mahant Hari Ram v. State of Rajasthan, S.B. Cri.Misc. Petition No. 1204/2007 decided on 3.4.2008 . 7. Having regard to the view expressed by this Court in the case of Borilal @ Bodi Lal v. State of Rajasthan, reported in 2006 (1) Cr.L.R. (Raj.) 549 and in the case of Mahant Hari Ram v. State of Rajasthan (supra) and keeping in view the fact that in the criminal case instituted by the petitioner, there is a specific allegation that the accused forged the document and then filed the same in the civil Court, the original document has to be analyzed by the handwriting expert and the comparison of the signature/thumb impressions etc. has to be done by the expert in order to secure the ends of justice and in order to ensure a fair and proper investigation. 8. In these circumstances and in order to secure the ends of justice, this Court is of the opinion that the civil Court trying the Suit No. 79/2012 has to be directed in accordance with Rule 181 of the Rules of 1986 to hand over the original document to the I.O. Ramsinghpur for investigation after keeping certified copy thereof on record. Thereafter the I.O. shall send the document to the Forensic Science Laboratory for scientific examination and comparison. The examination shall be conducted expeditiously and thereafter the original document upon being received back from the F.S.L. shall be submitted back to the civil Court. 9. Accordingly, the miscellaneous petition is allowed. The order dated 30.6.2012 passed by Addl. Distt. Judge, Anoopgarh is quashed.Petition allowed. *******