JUDGMENT 1. - This is a Criminal Misc. Petition under Section 482 of the Cr.P.C. against the order dated 4.12.2012, passed by the Additional Chief Judicial Magistrate, Sojat in F.I.R. No. 272/2012 registered at Police Station Sojat city, District Pali, vide which, he dismissed the application filed by the Investigating Officer for sending the original documents to the F.S.L. lying in the Court of Additional District Judge, Sojat. 2. The brief facts of the case are that the petitioner filed a criminal complaint before the Court of Learned Additional Chief Judicial Magistrate, Sojat (hereinafter referred to as Learned "Trial Court") alleging that she entered into an agreement to sale for land with B. Nemichand Marlecha and Jagdish Chandra Sen (accused) way back on 1.5.2001, which could not be performed and the amount was undisputedly returned by the accused since the said agreement was cancelled. On 14.5.2008, the complainant made a de novo sale with Vinod Kumar, Nirmal Kumar etc, 14 people vide registered sale deed. The accused, with all intentions, created two forged documents with forged signatures of the petitioner dated 8.4.2009 in order to gain under benefits to themselves and to detriment and losses to the petitioner. 3. The accused were enlarged on bail by the Court of learned Additional Sessions Judge, Sojat vide his order dated 3.10.2012, wherein it was observed that till the F.S.L. report of the disputed documents dated 8.4.2009 is received, the accused shall not be arrested and if the F.S.L. indicates the signature of the petitioner to be forged one, the accused will have liberty to move a fresh bail application. 4. The Investigating Officer preferred an application dated 3.11.2012 before the Court of learned A.C.J.M., Sojat for arranging to take the original disputed documents dated 8.4.2009, which stands deposited/lying with the Court of learned A.D.J., Sojat in Civil Original Suit No. 8/2012 preferred by the accused, since the investigation was held up for the want of said disputed original documents. The learned A.CJ.M, Sojat vide his order dated 4.12.2012 rejected the said application on the premise that the said documents can only be released by an order to be passed by Hon'ble Rajasthan High Court. 5. Being aggrieved, the petitioner has moved the present petition. 6.
The learned A.CJ.M, Sojat vide his order dated 4.12.2012 rejected the said application on the premise that the said documents can only be released by an order to be passed by Hon'ble Rajasthan High Court. 5. Being aggrieved, the petitioner has moved the present petition. 6. It is not disputed that the said issue is squarely covered by the judgment rendered by this Court In the case of Borilal @ Bodilal v. State of Rajasthan, reported in 2006 (1) Cr.L.R. (Raj.) 549 , as well as, Smt. Laxmi Devi v. State of Rajasthan (S.B. Criminal Misc. Petition No. 1944/2012), decided on 17.8.2012 . 7. In view of the above settled proposition of law and keeping in view the specific allegations, this Court is of the opinion that the said F.S.L. report may be necessary for adjudication of case. 8. Considering the circumstances and in the interest of justice, it is necessary to obtain the F.S.L. report in order to ascertain the genuineness of the document. Thus, keeping in mind, Rule 181 of the General Rule (Criminal) 1986, the Additional Chief Judicial Magistrate, Sojat in directed to hand over the disputed original document dated 8.4.2009 to the Investigating Officer. The certified copy of the document be retained in the file of Civil Original Suit No: 8/2012 pending before the Court of learned Additional District Sojat. After the said F.S.L. report is received, the said document will be produced before the civil Court to be placed on the record of the said civil suit.The petition is allowed in the above terms. Stay Application No. 1238/2012 also stands disposed of.Petition allowed. *******