Dismissed

Smt Rameshwari Devi v. Girdhari Lal

Rajasthan HC13 Nov 2014CW/11946/2014

Case brief

AI extract

What is this about?

The High Court of Rajasthan dismissed a writ petition challenging an order refusing to withhold an original document from police investigation. The court held that subordinate civil courts can hand over documents for forensic comparison in criminal cases under specific IPC sections without seeking High Court permission, overriding Rule 181 of General Rules (Civil).

What did the court decide?

Writ petition under Articles 226 and 227 dismissed at the stage of admission; stay petition dismissed.

Smt Rameshwari Devi Vs Girdhari Lal — Cheque Dishonour | Rajasthan HC (2014)

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S.B.Civil Writ Petition No.11946/2014

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR

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ORDER

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Smt. Rameshwari Devi vs. Girdhari Lal

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S.B.Civil Writ Petition No. 11946/2014 under Article 226 and 227 of the Constitution of India against the order dated 8.10.2014 passed by Addl. Civil Judge(JD), West, Jaipur Metropolitan, Jaipur in Civil Suit No. 51/2014-Smt. Rameshwari Devi vs. Girdhari Lal.

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Date of Order: 13.11.2014

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HON'BLE MR. ATUL KUMAR JAIN,J.

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Mr. R.K. Purohit, for the petitioner

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BY THE COURT:

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REPORTABLE

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In FIR No. 710/2013 of Police Station, JDA, Jaipur under Sections 420, 467, 468, 471 and 120-B of IPC, agreement to sell was required to be examined by the Forensic Science Laboratory and for this purpose, S.H.O./I.O. filed an application in Civil Suit No.51/2014 titled as Smt. Rameshwari Devi vs. Girdhari Lal, pending in the court of Addl. Civil Judge(JD) West, Jaipur Metropolitan, Jaipur. Said civil court passed an order on 8.10.2014 on the application of the S.H.O./I.O. and that order has been challenged in this court by Smt. Rameshwari, who was plaintiff in the case.

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I have heard arguments of the petitioner at the stage of admission. It is quite natural that in a case under Sections 468, 471 of IPC etc., the original document is required by the Investigating Officer because it may have to be sent to the Forensic Science

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S.B.Civil Writ Petition No.11946/2014 2

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Laboratory for comparison of disputed hand-

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writings/signatures/thumb impressions. The plaintiff-petitioner Smt. Rameshwari Devi has not been able to show any reason that why the document cannot be handed over to the police for comparison of hand-writing etc. The only reason advanced on behalf of the plaintiff-petitioner is that she has already got the document examined by a private hand-writing expert. It is pertinent to mention here that in civil cases report of private hand-writing expert is often called for but in a criminal case, to send a culprit to jail, it is quite necessary that comparison of disputed hand-writing/ signature/thumb impression should be done by a Government Laboratory and that is why the original document was handed over by the civil court to the concerned Investigating Office, so that he may get it examined by the State Forensic Science Laboratory. In the circumstances of the case, the impugned order passed by the Addl. Civil Judge(JD), West, Jaipur Metro, Jaipur on 8.10.2014 in Civil Suit No. 51/2014 pending therein deserves no interference.

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It is hereby made clear that in future all the subordinate civil courts in Rajasthan will be empowered under this order to handover the relevant original document to the Investigating Officer, paricularly in criminal cases under Sections 467,468, 471 and 420 IPC etc. without permission of the High Court so that the investigation of important cases may not hamper for want of jurisdiction of subrodinate civil courts in this regard. Rule 181 of General Rules (Civil), 1986 will not come in the way when a subordinate civil court is acting under the general directions given in this order. A copy of this order be sent to the trial court immediately. A copy of this

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S.B.Civil Writ Petition No.11946/2014

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3 order should also be sent to all the subordinate civil courts in Rajasthan for compliance. Information of this order be also sent to the Director General of Police, Rajasthan, Jaipur who will circulate this order to all the Investigating Officers through the Station House Officers.

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The petition filed by Smt.Rameshwari Devi under Articles 226 and 227 of the Constitution of India deserves dismissal, which is hereby dismissed at the stage of admission itself. The stay petition also stands dismissed accordingly.

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( ATUL KUMAR JAIN),J.

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mlt

Smt Rameshwari Devi v. Girdhari Lal

Case brief

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Smt Rameshwari Devi v. Girdhari Lal

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