- (1.) THIS criminal revision under Section 397 read with Section 401 Cr.P.C. is directed against the order dated 24-9- 2008 passed by the learned Civil Judge(Junior Division), Udaipur City(North), Udaipur whereby the application filed by the I.O. for handing over the original Will for getting the same examined by Forensic Science Laboratory has been rejected.
(2.) I have heard learned counsel for the parties. Carefully gone through the impugned order. Learned counsel for the petitioner has placed reliance on a decision of this Court in Borilal alias Bodi Lal Vs. State of Rajasthan, 2006 (1) Cr.L.R. (Raj.) 549, wherein 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. The controversy involved in the instant petition stands squarely covered by the decision of this Court in Borilal alias Bodilal Vs. State of Rajasthan (supra). In the present case also, the trial Court dismissed the application filed by the I.O. on the ground that according to rule 181 of the General Rules (Civil), 1986 (for short, "the Rules of 1986" hereinafter) the court is not competent to hand over the document to the police officer for having the same examined by the F.S.L.
(3.) THE facts giving rise to the instant miscellaneous petition are that the I.O. P.S. Bhupalpura was investigating the F.I.R. filed by the petitioner for the offence under Sections 420, 467, 468, 471 and 120-B IPC with the allegations that the specimen signature/thumb impression on the Will which was produced by the plaintiff in Civil Suit No. 156/2002 in the Court of Civil Judge(J.D.) Udaipur City(North), Udaipur are required to be examined by Forensic Science Laboratory. During investigation of the said F.I.R., in order to ascertain as to whether the signatures/thumb impressions appended on the documents are genuine or not, the I.O. sought to procure the original document so that it could be examined by the Forensic Science Laboratory. The original document was already filed in the civil suit and therefore the I.O. in accordance with Rule 181 of the General Rules(Civil), 1986 submitted an application for procuring the document in question for the purpose of investigation. The Court below by the order dated 24.9.2008 has rejected the said application and hence the instant revision before this Court.;