RAJIV KUMAR Vs. RAKESH KUMAR AND ORS.

JUDGEMENT

(1.) Challenge in the present petition is to the order dated 23.4.2015, passed by the learned court below, whereby in a suit filed by respondent No.1-plaintiff, in an application filed by the Investigating Officer in FIR No. 608 dated 1.9.2014, registered under Sections 323/452/ 506/382/419/420/467/471/474/120B IPC, at Police Station Thanesar City, District Kurukshetra, direction has been given for handing over the original Will lying in custody of the Court to the Assistant Sub Inspector for examination by Forensic Science Laboratory, Madhuban. The direction is for comparison of signatures appended on the Will.

(2.) Learned counsel for the petitioner submitted that Sita Ram was survived by his widow Tara Wanti, four sons and two daughters. He died on 29.6.2006. He had executed a Will dated 13.1.2005 in favour of his wife Tara Wanti. On the basis of the Will, Tara Wanti sold some part of the property and some was given as a gift. She executed a Will on 28.11.2006 in favour of his two sons, namely, Rajiv Kumar and Parmod Kumar, ignoring two other sons, namely, Rakesh Kumar and Dinesh Kumar and two daughters, namely, Sushma and Shalini. The suit was filed by respondent No. 1-plaintiff for declaration claiming that he being class-I legal heir is entitled to share in the property owned by deceased-Sita Ram, his father, and the property left by her mother by way of inheritance. The suit was filed on 6.3.2013. During the pendency thereof, respondent No. 1-plaintiff also got FIR No. 608 dated 1.9.2014, registered under Sections 323/452/ 506/382/419/420/467/471/474/120B IPC, at Police Station Thanesar City, District Kurukshetra, inter-alia, alleging that the accused had forged the Wills of Sita Ram and Tara Wanti. The original Wills were submitted in court in the civil suit. The Investigating Officer in the FIR filed application for handing over the Will executed by Sita Ram for investigation of the criminal case so as to enable the investigating agency to get the signatures on the Will compared from Forensic Science Laboratory, Madhuban. The same was allowed by the learned court below vide impugned order. He further submitted that validity of the Will is in question in the civil suit filed by respondent No. 1-plaintiff. The same cannot be gone into either by investigating agency or by the criminal court, hence, the original Will should not be handed over to the Investigating Officer for the purpose of comparison of signatures/thumb impressions appended thereon.

(3.) On the other hand, learned counsel for respondent No. 1 submitted that the only apprehension raised by the petitioner is that there may be chances of tampering of the Will. The same can be taken care of. The court can directly send the Will to Forensic Science Laboratory for examination. In case, the Investigating Agency is not allowed to get the Will examined from Forensic Science Laboratory, it will not be able to complete the investigation and present challan. There is no illegality in the impugned order. In case, it is set aside, the same will be mis-used as in any case, where criminal offence is prima facie made out, the party can file civil litigation, submit original documents in court and then stall the investigation in criminal case. However, he did not dispute that findings of the criminal court are not binding on the civil court.