SMT. VIMLA DEVI Vs. MANOJ KUMAR VERMA AND ANR.
LAWS(RAJ)-2012-3-110
HIGH COURT OF RAJASTHAN
Decided on March 28,2012

Smt. Vimla Devi Appellant
VERSUS
Manoj Kumar Verma And Anr. Respondents

JUDGEMENT

Mahesh Bhagwati, J. - (1.) LEARNED counsel for the petitioner canvassed that the agreement dated 15th February, 2007 on the basis of which the suit for recovery has been filed by the respondent -plaintiff in the civil court is forged, whereas the petitioner never entered into an agreement with the respondent -plaintiff. She lodged the FIR with the police, but the police after completion of investigation gave final report and on her protest petition, the Additional chief judicial magistrate ordered re -investigation of the case to be conducted by the police. Learned counsel further submitted that the police has been reinvestigating the case and the disputed document is required to be sent to Forensic Science Laboratory for obtaining the expert report. Till the report of the FSL is received with regard to the examination of the document, the proceedings of the suit may be stayed and if that is done, he seeks permission to withdraw the writ petition. Permission is granted.
(2.) THE writ petition stands dismissed as withdrawn. However, keeping in view the submissions made by the Learned Counsel for the petitioner, the learned Additional District and sessions Judge, Fast Track, No. 5, Jaipur metropolitan, Jaipur, is directed to obtain the report of FSL with regard to the disputed document from police, as the whole suit hinges on the said agreement, which is said to have been entered into by the petitioner -defendant and the respondent -plaintiff. It is also made clear that either the document should be sent to FSL for its examination or the court should obtain the report from the police in the interest of justice. The writ petition stands disposed of with the aforesaid observations.;


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