- (1.) THIS petition under Section 482 has been filed for quashing and setting aside the impugned order dated 17.9.2013 passed by Addl. District and Sessions Judge No.4 Jaipur Metropolitan City, Jaipur in Criminal Revision no.156/2013 whereby the revisional court has set aside the order passed by the court below for not allowing the further investigation under sec 173(8) Cr.P.C.
(2.) THE facts necessary for disposal of this petition are that Tara Devi has lodged a written report for the offence under sections 420, 467, 468, 471, and 120 B IPC, on which FIR no. 157/2011 has been registered. During investigation, police filed an application before the Additional District Judge for taking the alleged will for investigation and sending the will for examination to Forensic Science Laboratory which was dismissed by the concerned court. After conclusion of investigation, final report was filed on which the learned magistrate issued a notice to the complaint but complainant did not appear and final report was accepted. After one and half year complainant submitted an application under section 173 (8) Cr. P.C for further investigation which was dismissed. Revision was preferred which was allowed and court ordered to consider the matter afresh, Hence this petition.
(3.) THE contention of the learned counsel for petitioner is that once final negative report has been accepted by the concerned court it attained finality and no further investigation could be ordered and court below was justified in holding that he has no jurisdiction to review its order. His further contention is that FSL report which has been obtained during the civil proceedings is not reliable one as the earlier Forensic Science Laboratory has stated that without any additional admitted documents the signatures could not be compared but when court intervened,report has been given on the same documents which is suspicious in nature and revisional court has not considered this aspect of the matter. Per contra contention of the learned counsel for the respondent is that earlier negative final report has been filed only on the ground that forged will could not be given to the Police and when now FSL report is there, further investigation is necessary and revisional court has rightly held so and hence there is no infirmity in the impugned order.;