JUDGEMENT
SANDEEP MEHTA,J. -
(1.) Heard learned counsel for the parties.
(2.) By way of the instant misc. petition, the petitioner/ complainant has approached this Court being aggrieved of the order dated 2.6.2015 passed
by the learned Civil Judge cum Judicial Magistrate, Raisinghnagar in
Civil Misc. Case No.72/2014 whereby, the application preferred by the
S.H.O., P.S. Raisinghnagar for summoning and handing over the original
documents from the file of Civil Suit No.66/2014 pending in the Court of
Civil Judge (Junior Division), Raisinghnagar for the purposes of
investigation was rejected.
(3.) The petitioner being the complainant of the case submitted an FIR No.475/2014 at P.S. Raisinghnagar through a complaint for the offences
under Sections 420, 467, 468, 471 and 120B IPC with the allegations that
the accused respondent no.2 forged the will of his father with the
intention of usurping the land belonging to him. The Investigating
Officer proceeded with the investigation. During the course of
investigation, it came to light that the alleged forged will had been
submitted by the accused in a Civil Suit No.66/2014. The S.H.O. moved an
application before the civil court under Rule 181 of the General Rules
(Civil) for providing the original will so that the same could be got
examined through the F.S.L. The said application was rejected by the
learned Civil Judge vide order dated 2.6.2015, upon which, the
petitioner/complainant has approached this Court by way of the instant
misc. petition.;
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