NARENDRA KHANDELWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - This criminal Misc. Petition has been filed under section 482 Cr.P.C. for examination of the report of disputed document from Central Forensic Science Laboratory in FIR No. 102 of 2011 registered at Police Station Nayapura Kota, FSL Report No. FSL QD171/11 dated 15.6.2011.

(2.) Brief facts of this case are that against the accused petitioner a complaint under section 156 (3) Cr.P.C. was sent by the concerned Magistrate for registration of FIR to the concerned police station. After that the police station registered FIR No. 102 of 2011 on 7.2.2011. A civil suit is pending before the concerned civil court and temporary stay has been granted on 9.12.2010. After that this FIR was registered against the petitioner. During investigation the police sent the disputed Ikrarnama document after getting the same from civil court to the FSL for examination. The FSL has examined the document and sent opinion to the concerned investigating agency and the same document was also examined by former Additional Director Rajasthan Police Forensic Science Laboratory at Jaipur. Both these reports are contradictory and different and it has been submitted that the petitioner has been falsely implicated in this case. The learned counsel for the accused petitioner drawing attention of this court to section 293 Cr.P.C. and section 45 of the Evidence Act prays that the said document may be sent to the Central Forensic Science Laboratory for examination. This court called the investigating officer and the investigating officer, who was present in person has contended that the investigation is complete and he will soon file the challan and he has examined the report of the FSL. Mr. Sandhu has put certain objections upon the report which has been obtained by the investigating officer from the State Forensic Laboratory on 15.6.2011. Mr. Sandu in support of his submission placed reliance on Samadhan Dhudaka Koli v. State of Maharashtra, AIR 2009 SC 1059 , Babubhai v. State of Gujarat and others, (2010) 12 SCC 254 : 2011 (1) WLC (SC) Cri. 46 Mr. Sandu also relied upon the order dated 8.12.2010 of the Sessions Judge Kota on the application for bail under section 439 Cr.P.C. of Ramavtar in which it was stated thus -