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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE FARJAND ALI, J
HARI RAM – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMP / 2917 / 2022
Order :
In S.B. Criminal Misc. Stay Petition No. 2592/2022:-
1. Heard on stay application.
2. A very bizarre situation has noticed by this Court while going through the content of the FIR and result of investigation so also the fact that one suicide note was lying beneath the bed of the deceased and the other was found at a subsequent stage and both have contrast tenor. The admitted or undisputed signatures of the deceased were not properly sent to the handwriting expert so as to examine the authorship of the writing over the disputed signature. The signatures were initially sent in the year 2021 and now it is 2025 and the learned Public Prosecutor states that the report could not have been made owing to the reason of non supplying of requisite material to the FSL. It is a very sorrow state of affair. The fact that name of one Jai Kishan Soni who was the then SHO of the area and who lodged the FIR is also mentioned in the one suicide note as a main culprit responsible for death of the deceased.
3. Be that as it may, this Court will make final opinion over it after hearing both the parties further.
4. In this view of the matter, the stay application is allowed and it is ordered that until the disposal of the misc. petition, all further proceeding pending in the criminal Court against the petitioner shall remain stayed.
In S.B. Criminal Misc(Pet.) No. 2917/2022:-
1. The FSL had notified the police agency to send more material so as to ascertain the authorship in the year 2022 but amazingly no steps were taken by the police. Why the admitted and undisputed signatures of the deceased were not sent to the FSL for making an examination of the same in comparison of the disputed signature, is a serious question to ponder. Learned senior Counsel appearing for the petitioner prays for taking suitable actions against the erring officers. Learned Dy.G.A. shall file reply in this regard.
2. List the matter on 19.02.2025.
3. On the next date of hearing, learned Dy.G.A. shall ensure the presence of SHO and DCP, West. They would require to answer to queries.
The court emphasized the importance of thorough investigation and proper handling of evidence, particularly in cases involving suicide notes and potential police misconduct.
The court reaffirmed the necessity of forensic examination in criminal investigations to ensure thorough and fair adjudication.
Compliance with court's direction for FSL examination and the importance of scientific evidence in aiding proper investigation and adjudication.
Legal representatives must ensure accuracy in court filings; misconduct with signatures undermines judicial trust.
The discretion to allow additional documents under Section 311 of Cr.P.C. must be exercised sparingly and with caution, and filing of additional documents is a concession to be used sparingly.
Cooperation with criminal investigations under Section 91 Cr.P.C. does not necessitate prior arrest and the issuance of notices for signature samples is valid, preserving investigative authority.
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