BORILAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has challenged the order dated 2/8/2005 passed by the Addl. Chief Judicial Magistrate No. 2, Jaipur District, Jaipur, whereby he has rejected an application moved under S. 91 of the Cr. P.C. (henceforth to be referred to as the 'Code' for short).

(2.) The brief facts of the case are that the petitioner had lodged an FIR as P.S. Harmada with regard to an alleged agreement, for offences under Ss. 420, 467, 468, 469 and 471,I.P.C. Since a civil dispute also existed between the petitioner and the accused person, in the said civil dispute the original copy of the agreement was submitted. However, in order to ascertain whether the said document was forged or not, the police required the said document. Therefore, the SHO, Police Station Harmada submitted an application under S. 91 of the Code before the Addl. Chief Judicial Magistrate No. 2, wherein he prayed that the original copy of the agreement should be given to police so that the police can send the agreement to the F.S.L. at Jaipur. It is pertinent to point out that even the civil suit (Civil Suit No. 41/95) was also pending before the same Court. However, vide order dated 2-8-2005 the said application was dismissed ostensibly on the ground that under R. 181 of General Rules (Civil) 1986, the power to give a copy of the document, which is submitted in civil, criminal, revenue Court or before a Tribunal etc. lies with the High Court and not with the concerned Court. Hence this petition before us.

(3.) Mr. Anil Upman, learned counsel for the petitioner has argued that in order for the prosecution to establish its case beyond a reasonable doubt, the F.S.L. report with regard to the genuineness of the document is essential. Therefore, the police was justified in requesting that the original agreement be handed over to them so that the document could be sent to the FSL for their opinion. He has also relied on an order passed by this Court dated 8-8-2002 in S.B. Cr. Misc. Petition No. 685/2002, Iqbal Singh v. State of Rajasthan, whereby in a similar case, this Court had directed the document to be handed over to the police.