SATYANARAYAN GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The complainant-petitioner is aggrieved by the order dated 10.1.2013 passed by the Civil Judge (Jr. Div.) & Judicial Magistrate, Dausa whereby the learned Magistrate has dismissed the application filed by the Investigating Officer for giving him the original copies of two documents, i.e. the stamp papers dated 24.7.2010 and 31.8.2012.

(2.) Mr. Pankaj Gupta, the learned counsel for the petitioner, relying on the cases of Borilal Vs. State of Rajasthan & Ors., 2006 CrLJ 1715, and Tunda Ram Meena Vs. State of Rajasthan,2009 3 RCC 908, has contended that the bar contained in Rule-181 of the General Rules (Civil) 1986, do not permit the civil court to dismiss the application filed by the Investigating Officer. It merely requires the civil court to take the orders of the High Court on the subject. Therefore, the learned Magistrate was not justified in dismissing the application filed by the Investigating Officer. Secondly, until and unless the original documents in dispute are given to the Investigating Officer, the same cannot be subjected to examination by the FSL. In absence of FSL report, the prosecution would not be able to stand on its two feet. Hence, it is imperative that the documents, which are in the custody of the civil court, should be handed over to the Investigating Officer.

(3.) On the other hand, the learned Public Prosecutor has contended that Rule-181 of the Rules clearly debars the civil court from issuing any document until and unless the request is made by the Civil, Criminal or Revenue Court or a Tribunal of the Government, or the Board of Revenue, or the Commissioner of Excise and the Inspector General of Registration & Stamps. In all other cases, the record can be issued only upon orders of the High Court. Hence, the learned Magistrate was certainly justified in dismissing the application as the application was moved by a police officer. According to the learned Public Prosecutor, police officers are not included in Rule-181 of the Rules.