[2025:RJ-JD:10110]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 1329/2023 Smt. Neeraj Soni W/o Late Shri Om Prakash Soni, Aged About

65 Years, R/o Bhoop Colony Ssb Road Sri Ganganagar ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. DS Thind For Respondent(s) : Mr. Deepak Choudhary, AAG assisted by Mr. KS Kumpawat HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

19/02/2025 The present revision petition under Section 397/401 Cr.P.C.

has been filed by the petitioner/complainant against the order dated 22.02.2023 passed by the learned Additional Sessions Judge No.1, Sri Ganganagar in Sessions Case No.15/2022, by which the learned trial court dismissed the application under Section 311 Cr.P.C. filed by the petitioner/complainant for bringing on record the FSL report of suicide note, which was examined by the petitioner herself from a private Handwriting Expert Anil Kumar Gupta and for calling the said handwriting expert for evidence as witness in this case.

Learned counsel for the petitioner submits that the petitioner is an old widow lady and his son committed suicide on account of threat and harassment given by the accused persons and since, the police authorities were hand-in-glove with the accused persons, therefore, the petitioner herself examined the suicide note from a private handwriting expert and therefore, the petitioner filed an application under Section 311 Cr.P.C. for taking on record the FSL report of suicide note examined by herself but the trial court without assigning any cogent reason dismissed the said application. Counsel submits that the FSL report of suicide note as well as evidence of the handwriting expert is very much essential for just decision of the trial. Therefore, it is prayed that the impugned order being per se illegal may be quashed and the trial court may be directed to include the FSL report of suicide note in evidence and also call the handwriting expert for his evidence as witness.

Learned Public Prosecutor has opposed the prayer made by the counsel for the petitioner and submitted that the impugned order is just and proper and does not require any interference from this Court.

Heard learned counsel for the parties and perused the impugned order dated 22.02.2023, passed by the trial court. On perusal of the impugned order, it appears that the petitioner filed the application under Section 311 of Cr.P.C. while concealing the fact that earlier on 21.11.2016 she had filed the same application, which was already dismissed by the court on 05.03.2018 and the said order has not been challenged by the petitioner/complainant. Therefore, the order dated 05.03.2018 has attained finality and the petitioner cannot seek a different outcome in the same matter without challenging the previous order.

So far as the suicide note in question is concerned, it was already examined by the Police during investigation from the concerned Department. This examination was deemed to be legitimate. Since the court had already ruled on the matter and the petitioner did not obtain the necessary approval to conduct an independent examination of the suicide note, the petitioner’s action of having the suicide note examined by a private handwriting expert is considered to be an unauthorized step. This unauthorized investigation cannot be considered as valid evidence. Hence, the learned trial court has rightly dismissed the application under Section 311 Cr.P.C.

In view of the discussion made hereinabove, I find no infirmity or illegality in the impugned order warranting interference therein.

Hence, the revision petition being bereft of any merit is hereby dismissed. Stay application is also dismissed.

Record of the Family Court be sent back forthwith.

(MANOJ KUMAR GARG),J

212-MS/-