Ram Kunwar vs State of Rajasthan

Mahesh Chandra Sharma, J.—By filing this petition u/s 482 Code of Criminal Procedure the Petitioner has challenged the order dated 10.3.2010 passed by Additional District Judge (Fast Track), District Dausa in Suit No. 130/2008 (Ramphool v. Ramkunwar and Ors.) whereby the application filed by the Investigating Officer for taking original agreement to sale dated 27.2.2001 for expert examination by the FSL has been declined.

Briefly stated the facts of the case are that the Petitioner has filed a complaint u/s 420, 467, 468, 476 and 120-B IPC which was sent to the concerned police station u/s 156(3) Code of Criminal Procedure On the complaint FIR No. 426/2009 was registered. After registration of FIR police started investigation and during the investigation to resolve the controversy between the parties, the agreement dated 27.2.2001 is required. The forged original agreement to sale dated 27.2.2001 is lying in civil suit No. 130/2008 pending before the Additional District Judge (Fast Track), Dausa therefore, Investigating Officer Police Station, Kotwali District Dausa moved an application to sale dated 27.2.2001 for expert examination by FSL. The learned Additional District Judge (Fast Track), Dausa by its order dated 10.3.2010 dismissed the application. Feeling aggrieved with the aforesaid order, this petition has been filed.

It has been the contention of the learned Counsel that to find out the genuineness of the document it is essential and in the interest of justice that the original agreement to sale 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 Borilal Vs. State of Rajasthan and Others,

On the other hand, the 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 of this Court in the case of Borilal (supra) and also in a decision rendered in S.B. Cr. Misc. Petition No. 685/2002 (Iqbal Singh v. 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 sale 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 sale dated 27.2.2001 it is alleged that the same is, therefore, a 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 Additional District Judge (Fast Track), District Dausa 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 Kotwali, Dausa for expert examination, which has been submitted in Civil Suit No. 130/2008 within a period of two weeks from the date of receipt of this order. It is further directed to keep a certified copy of the said document in the fire of Civil Suit No. 130/2008. The police is directed to keep the said document in the same custody and to produce it before the civil or criminal court as and when asked for.

With the above observations, the petition stands disposed of.