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2013 DIGILAW 292 (RAJ)

State of Rajasthan v. Jagdish Suthar

2013-02-05

SANDEEP MEHTA

body2013
JUDGMENT 1. - The criminal revision petition under Section 397 read with Section 401 Cr.P.C. is directed against the order dated 31.5.2012 passed by the Civil Judge (Jr. Div.) and Judicial Magistrate, Jodhpur District whereby the application filed by the In-charge Special Investigation Group, Police Commissioner-ate, Jodhpur for handing over the original agreement for getting the same examined for Forensic Science Laboratory 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 In-charge Special Investigation Group, Police Commissioner-ate, Jodhpur on the ground that according to Rule 181 of the General Rules (Civil), 1986 (for short, "the Rules of 1986" hereinafter) the Court is not competent to hand over the document to the Police Officer for having the same examined by the F.S.L. 5. The facts giving rise to the-instant petition are that the I.O. Police Commissioner-ate, Jodhpur was investigating the First Information Report No. 168/2010 registered at P.S. Udaimandir filed by the petitioner for the offence under Sections 420, 467, 469, 471 and 120B I.P.C. with the allegations that in the power of attorney and sale deed, the signatures of the parties are forged and moved application in Civil Original Suit No. 251/2012 in the Court of Civil Judge (Jr. Div.) and Judicial Magistrate for handing over the original documents as it was required to be examined by Forensic Science Laboratory. 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 Forensic Science Laboratory. 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 Forensic Science Laboratory. 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 31.5.2012 has rejected the said application and hence the instant revision 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. Criminal Misc. Petition No. 1204/2007) decided on 3.4.2008 and the case of Borilal @ Bodi Lal v. State (supra). 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 Hand Writing 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 Civil Original Suit No. 251/2011 has to be directed in accordance with Rule 181 of the Rules of 1986 to hand over the original document to the officer investigating the F.I.R. No. 168/2010 of the Police Station, Udaimandir for investigation after keeping certified copy thereof on record. Thereafter the I.O. shall send the document to the concerned 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 Finger print Expert/F.S.L. shall be submitted back to the civil Court. 9. Thereafter the I.O. shall send the document to the concerned 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 Finger print Expert/F.S.L. shall be submitted back to the civil Court. 9. It goes without saying that the fact the original document has been directed to be handed over to the I.O. for investigation shall not hamper the proceedings of the civil suit because the certified copy has already been directed to be kept on record. 10. Accordingly, the revision is allowed. The order dated 31.5.2012 passed by Civil Judge (Jr. Div.) and Judicial Magistrate, Jodhpur is quashed.Petition allowed. *******