- (1.) THIS petition under Section 482 has been filed against the order dated 15.7.2013 passed by Additional Chief Judicial Magistrate No.1, Kekari, Distt. Ajmer in Cr. Case No. 6/2013 whereby the court below has passed the order for reinvestigation on particular points.
(2.) THE brief facts of the case are that an FIR No. 401/2012 has been registered on the complaint that a forged "Naukarnama" has been executed with the forged signature of the complainant in favour of petitioner No.2. After investigation, a negative final report was filed and during investigation, the complainant has also placed a compromise deed before the Investigation Officer. The learned court below has not accepted the negative final report and on the application of the complainant ordered for reinvestigation, hence this petition.
(3.) THE contention of the present petitioners is that "Naukarnama" is not a forged one. Complainant herself has went before the Excise Officer and granted "Naukarnama" in favour of petitioner No.2 and Investigation Officer has also took statement of Excise Inspector, Smt. Seema Seth. In respect of this a specific order has been made by the court below to call for the original "Naukarnama" and to get it examined by the expert. The only contention of the present petitioners is that order for reinvestigation or fresh investigation is not within the domain of the court below. Per contra, the contention of the Public Prosecutor and counsel for the complainant is that the court below has not ordered for reinvestigation while considering the investigation already conducted by the Investigation Officer, he has further ordered that during investigation the original documents be called and from Forensic Science Laboratory, the impugned thumb impression of complainant Vardi Devi should be examined.;