HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Writ Petition No. 33/2023

Tarachand S/o Shri Chouthmal, Aged About 35 Years, R/o Khadi

Bhandar Road, Near Railway School, Dausa, Presently R/o Plot

No. 07, Gangasagar Vistar, Near Keshav School, Agra Road,

Jaipur (Raj.)

----Petitioner

Versus

1.

State Of Rajasthan, Through Its Public Prosecutor.

2.

The Director General Of Police Rajasthan, P.h.q. Lalkothi,

Jaipur (Raj.)

3.

The Superintendent Of Police, Dausa (Raj.)

4.

The Station House Officer ( S.H.O.), Police Station Kotwali

Dausa, District Dausa (Raj.)

5.

Shri Hari Singh Gurjar, Assistant Sub Inspector,

Investigating Office In The Matter, Police Station Kotwali

Dausa.

----Respondents

For Petitioner(s)

:

Mr. Anshuman Saxena, Adv.

For Respondent(s)

:

Mr. Atul Sharma, PP

HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Order

13/01/2023

Instant petition under under Article 226 of the

Constitution of India has been filed against the impugned order

dated 17.11.2022 passed by the Court of Senior Civil Judge,

Dausa, District Dausa whereby the application submitted by the

Investigating Officer in FIR No. 518/2017 registered at Police

Station Kotwali, Dausa for the offence under Sections 420, 467,

468, 471 and 120B IPC for handing over the original Will for

(2 of 4)

[CRLW-33/2023]

getting the same examined by the Forensic Science Laboratory

(for short ‘the FSL’) has been rejected.

Counsel for the petitioner submits that the allegations

against the accused persons in the said FIR is that they have

fabricated the Will and submitted the same on the record of the

Civil Court for which FIR No. 518/2017 has been registered

against them. Counsel submits that for the purpose of analysis of

the disputed and questioned signatures on the said Will, the Will is

required to be examined from the FSL and the trial Court has

committed an error in rejecting the application submitted by the

Investigating Officer. In support of his contention, counsel places

reliance on the judgment of this Court passed in the case of

Jasveer Singh Vs. State of Rajasthan reported in 2013 WLC

(Raj.) UC 538. Counsel submits that under these facts and

circumstances of the case, appropriate orders be passed directing

the Civil Court to hand over the original Will to the Investigating

Officer for its analysis from the FSL.

Learned Public Prosecutor has no objection if this

petition is allowed.

The similar controversy came before this Court in the

case of Borilal @ Bodi Lal Vs. State of Rajasthan reported in

2006(1) Cr.L.R. (Raj.)-549 and the said controversy was

decided by this Court by observing thus:-

“this Court, while considering the provisions of

Rule 181 of the General Rules (Civil) 1986,

directed the Civil Court to keep a certified copy

of the said document in the file of civil suit and

hand over the original to the Investigation

Agency for F.S.L. Examination.”

(3 of 4)

[CRLW-33/2023]

In the present case also the trial Court has dismissed

the application filed by the Investigating Officer on the ground

that according to Rule 181 of General Rule (Civil), 1986, the Court

is not competent to handing over the document to the police

officer for sending the same to the FSL.

The controversy involved in this matter has no more

res integra and the same has already settled in the case of Borilal

@ Bodi Lal (supra) and Jasveer Singh (supra) and keeping in

view the fact that the criminal case has been instituted by the

complainant-petitioner with the allegations that the accused has

forged the document and the same has been filed before the Civil

Court. The original document is required to be analyzed by the

Hand Writing Expert and the comparison of the signature/thumb

impressions etc. has to be done by the Expert in order to secure

the ends of justice and in order to ensure a fair and proper

investigation.

Under the