MALARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this revision petition, a challenge has been made to the order dated 25.07.2011 passed by the learned Additional District Judge (Fast Track) No.2, Sikar, Headquarter Sri Madhopur, whereby the application dated 23.07.2011 filed by the police officer who was investigating the case arising out of FIR No.303/2010, registered at Police Station Sri Madhopur for the offences, inter alia under Section 420, 467 and 468 IPC so as to take the agreement in question dated 24.02.2010 for the purpose of getting the handwriting expert opinion from FSL, Jaipur has been rejected. The learned court below has declined the request made by the Investigating Officer holding that during the course of investigation of criminal case, before obtaining a document from the Civil Court, permission is to be sought from the High Court. Further, it has held that the Civil Court is not authorised to hand over the agreement dated 24.02.2010 during the course of investigation in FIR No.303/2010 to the SHO, Police Station Sri Madhopur for the purpose of examination by the FSL.

(2.) The learned counsel for the petitioner has submitted that the order passed by the learned court below is erroneous because at the time of filing of Final Report, an order in respect of examination of the agreement in question by the FSL had been passed. In support of his submission, he has placed reliance on the case of Borilal vs. State of Rajasthan & Ors., 2006 CrLJ 1715.

(3.) The facts and circumstances of the case as well as the material on record have been considered by this Court and the impugned order has been carefully perused. The relevant provision with regard to procedure for obtaining the document in question by the investigating agency from the Civil Court is laid down under Rule 181 of the General Rules (Civil), 1986. The said provision reads as under:-