RAM KUNWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By filing this petition under Section 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.

(2.) Briefly stated the facts of the case are that the Petitioner has filed a complaint under Section 420, 467, 468, 476 and 120-B IPC which was sent to the concerned police station under Section 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.

(3.) 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 v. State of Raj. and Ors., 2006 CrLJ 1715.