R.S. Chauhan, J.-The petitioner has challenged the order dated 02.08.2005 passed by the Addl. Chief Judicial Magistrate No. 2, Jaipur District, Jaipur, whereby he has rejected an application moved under Section 91 of the CrPC (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 at PS Harmada with regard to an alleged agreement, for offences under Sections 420, 467, 468, 469, and 471 IPC. 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 Section 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 FSL 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 02.08.2005 the