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Rajasthan High Court · body

2015 DIGILAW 1760 (RAJ)

Shravan Kumar Lohiya v. Shravan Kumar Lohiya

2015-10-07

SANDEEP MEHTA

body2015
JUDGMENT : Sandeep Mehta, J. This Criminal Miscellaneous Petition under Section 482 Cr.P.C. is directed against the Order dated 14.9.2015 passed by the Additions. District and Sessions Judge, Churu whereby the application filed by the Investigating Officer for handling over the original agreement to sale for getting the same examined by 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 the Court in Borilal @ 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 Genera 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 @ Bodilal v. State of Rajasthan (supra). 4. In the present case also, the Trial Court dismissed the application filed by the Investigating Officer on the ground that according to Rule 181 of the General Rules (Civil), 1986 (for short, "the Rule 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 Miscellaneous Petition are that the investigating Officer-P.S. Kotwali, Churu was investigating the F.I.R. filed by the petitioner for the offence under Sections 420, 467, 468, 471 and 120-B I.P.C. with the allegations that the specimen signature/thumb impression on the agreement which was produced by the plaintiff in Civil Suit No. 86/2014 in the Court of Additional District Judge, Churu are 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 Investigating Officer sought to procure the original document so that it could be examined by the Chemical Laboratory. The original document was already filed in the civil suit and therefore the Investigating Officer 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 original document was already filed in the civil suit and therefore the Investigating Officer 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 14.9.2015 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. Criminal Miscellaneous Petition No. 1204/2007, decided on 3.4.2008) and the case of Borilal @ Bodi Lal v. State of Rajasthan (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 Suit No. 86/2014 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. 100/2015 of the Police Station, Kotwali, Churu for investigation after keeping certified copy thereof on record. Thereafter the Investigating Officer shall send the document to the concerned Chemical Laboratory/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. Accordingly, the Miscellaneous Petition is allowed. The Order dated 14.9.2015 passed by Additional District Judge, Churu is quashed. Petition allowed.