Niranjan Lal Joshi vs State of Rajasthan and Another

Mahesh Chandra Sharma

This petition has been filed u/s 482 Cr. P.C. for issuing directions to the learned Additional District Judge (Fast Track) No. 1, Jaipur Metropolitan, Jaipur in suit No. 111/99 for delivery of original copy of forged settlement document dated 18.1.84 to the S.H.O., P.S. Sadar, Jaipur West, Jaipur for its expert examination by F.S.L. in FIR No. 431/96. It has been the contention of the learned counsel for the petitioner that to find out the genuineness of the document it is essential and in the interest of justice that the original agreement to sell dated 27.2.2001 should be sent for FSL examination. The learned counsel in support of his submissions has placed reliance on a decision of this Court in the case of "Bori Lal Vs. State of Raj. & Ors." reported in 2006 Cr. L.J. 1715.

On the other hand, learned Public Prosecutor has opposed the submissions.

After having considered the submissions and on perusal of the authority cited before me and also taking into consideration the facts and circumstances of the case, I deem it proper to allow the petition because in the similar circumstances this Court in the case of Bori Lal (supra) and also in a decision rendered in SB Cr. Misc. Petition No. 685/02 (Iqbal Singh Vs. State of Raj.) dated 8.8.2002 allowed the misc. petition and directed the civil court in view of the provisions of Rule 181 of the General Rules (Civil) 1986 to hand over the original copy of the agreement to sell involved in that case. Therefore, the petitioner is also entitled to the relief sought in this petition.

In view of foregoing discussion and considering the fact that in relation to the agreement to sell dated 18.1.84 it is alleged that the same is, therefore, forged one, it is necessary to obtain the FSL report about the genuineness of the document because in absence of FSL report the prosecution case would be weakened.

It is, therefore, hereby directed to the learned Additional District Judge (Fast Track) No. 1, Jaipur Metropolitan, Jaipur keeping in mind the provisions of Rule 181 of the General Rules (Civil), 1986 to hand over the original sale deed to the SHO/IO Police Station, Sadar Jaipur for expert examination, which has been submitted in Civil Suit No. 111/99 within a period of two weeks from the date of receipt of copy of this order. It is further directed to keep a certified copy of the said document in the file of Civil Suit No. 111/99. The police is directed to keep the said document in the safe custody and to produce it before the civil or criminal court as and when asked for.

Consequently, the petition is disposed of. Since the misc. petition itself has been disposed of, the stay application stands disposed of.