RAM KARAN Vs. STATE OF RAJASTHAN AND ANOTHER

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By way of the instant misc. petition, the petitioner/ complainant has approached this Court being aggrieved of the order dated 2.6.2015 passed by the learned Civil Judge cum Judicial Magistrate, Raisinghnagar in Civil Misc. Case No.72/2014 whereby, the application preferred by the S.H.O., P.S. Raisinghnagar for summoning and handing over the original documents from the file of Civil Suit No.66/2014 pending in the Court of Civil Judge (Junior Division), Raisinghnagar for the purposes of investigation was rejected.

(3.) The petitioner being the complainant of the case submitted an FIR No.475/2014 at P.S. Raisinghnagar through a complaint for the offences under Sections 420, 467, 468, 471 and 120B Penal Code with the allegations that the accused respondent no.2 forged the will of his father with the intention of usurping the land belonging to him. The Investigating Officer proceeded with the investigation. During the course of investigation, it came to light that the alleged forged will had been submitted by the accused in a Civil Suit No.66/2014. The S.H.O. moved an application before the civil court under Rule 181 of the General Rules (Civil) for providing the original will so that the same could be got examined through the F.S.L. The said application was rejected by the learned Civil Judge vide order dated 2.6.2015, upon which, the petitioner/complainant has approached this Court by way of the instant misc. petition.