KARNAIL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal miscellaneous petition under Sec. 482 Cr.P.C. is directed against the order dt. 12.12.2012 passed by the Additional Dist. Judge, Anoopgarh whereby the application filed by the I.O. for handing over the original agreement for getting the same examined by Forensic Science Laboratory has been rejected. I have heard learned counsel for the parties. Carefully gone through the impugned order.

(2.) LEARNED counsel for the petitioner has placed reliance on a decision of this Court in Borilal alias Bodi Lal vs. State of Rajasthan, : 2006 (1) Cr.L.R. (Raj.) 549, wherein this Court, while considering the provisions of Rule 181 of the General Rules (Civil) 1986, directed the Civil Court to keep a certified copy of the said document in the file of civil suit and hand over the original to the Investigation Agency for F.S.L. Examination. The controversy involved in the instant petition stands squarely covered by the decision of this Court in Borilal alias Bodilal vs. State of Rajasthan (supra).

(3.) THE facts giving rise to the instant miscellaneous petition are that the I.O. P.S. Gharsana was investigating the F.I.R. filed by the petitioner for the offence under Secs. 419, 420, 467, 468, 471 and 120 -B IPC with the allegations that the specimen signature/thumb impression on the agreement which was produced by the plaintiff in Civil Suit No. 41/2012 in the Court of Addl. District Judge, Anoopgarh are required to be examined by Forensic Science Laboratory. During investigation of the said F.I.R., in order to ascertain as to whether the signatures/thumb impressions appended on the documents are genuine or not, the I.O. sought to procure the original document so that it could be examined by the Chemical Laboratory. The original document was already filed in the civil suit and therefore the I.O. in accordance with Rule 181 of the General Rules (Civil), 1986 submitted an application for procuring the document in question for the purpose of investigation. The Court below by the order dt. 12.12.2012 has rejected the said application and hence the instant miscellaneous petition before this Court.