Disposed

Smt Prem Devi and Ors. v. State of Raj and Anr.

Rajasthan HC17 Apr 2018CRLMP/2002/2018

Case brief

AI extract

What is this about?

The High Court examined allegations regarding forged signatures in a criminal FIR. The court directed that further proceedings be stayed pending the Forensic Science Laboratory report, after which the I.O. must submit the investigation report within two months.

What did the court decide?

Proceedings in abeyance pending FSL report; I.O. to submit report within two months.

Smt Prem Devi and Ors. Vs State of Raj and Anr. — Criminal Trial and Appeal | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 2002/2018

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Smt Prem Devi And Ors

----Petitioners

Versus

State Of Raj And Anr

----Respondents

For Petitioner(s) : Mr. G.P. Sharma For Respondent(s) : Mr. N.S. Dhakad, PP & Mr. V.S. Nain

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HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

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Order

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17/04/2018

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Counsel for the petitioners has referred to the civil suit filed by Uma Devi Annx.3 and has submitted that after filing of the civil suit, petitioner No.1 lodged FIR No.374/2015 registered at Police Station Chaksu, District Jaipur(Rural) for offences under Sections 420, 467, 468, 471, 474 and 120-B IPC.

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Counsel for the petitioners has contended that after petitioner No.1 had lodged FIR, Uma Devi who had filed the civil suit, filed a complaint in the court of Ilaqa Magistrate and on the orders passed under Section 156(3) Cr.P.C. FIR No.0593/2017 was registered at Police Station Bajaj Nagar, Jaipur. In the said FIR final report in negative form was submitted by the Investigating Officer expressing an opinion that false case has been lodged.

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Counsel further contended that thereafter, at the instance of Uma Devi, husband of the witness to agreement to sell lodged another FIR by giving version that petitioners have forged

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[CRLMP-2002/2018]

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(2 of 3)

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signatures on the said agreement to sell, leading to the registration of the impugned FIR.

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Mr. Kavendra Singh Sagar, IPS Assistant Commissioner Police, Malviya Nagar, present in court has submitted that prima facie till today no evidence has been gathered regarding the involvement of the petitioners. He has submitted that hand writing and signatures of petitioner Nos.2 and 3 are required for purposes of comparison and sending the same to the Forensic Science Laboratory.

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The Investigating Officer submitted that final opinion shall be formulated after the report of Forensic Science Laboratory is received. Investigating Officer has submitted that till the report of Forensic Science Laboratory is received, petitioners are not required for any other purpose except to furnish their hand writing.

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Mr. G.P. Sharma, counsel for the petitioners, has submitted that petitioner Nos.2 and 3 are ready and willing to furnish their hand writing and signatures.

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Let petitioners along with the Investigating Officer appear in the court of competent jurisdiction on 30.04.2018 for giving their specimen hand writing and signatures. Upon furnishing of specimen hand writing and signatures, Investigating Officer shall send the same along with the disputed agreement to sell to the Forensic Science Laboratory.

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In view of above, it is ordered that till the report is received from the Forensic Science Laboratory further proceedings arising out of impugned FIR shall be kept in abeyance.Upon

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[CRLMP-2002/2018]

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(3 of 3)

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receipt of report from Forensic Science Laboratory, Investigating Officer shall proceed with investigation and shall submit report of investigation alongwith his opinion within two months in the court of competent jurisidiction.

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Counsel for the parties have prayed that the present petition be disposed of at this juncture with liberty to the petitioners to reapproach this court after report of Forensic Science Laboratory is received by the Investigating Officer.

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There is merit in the above prayer, therefore, the Investigating Officer is directed to serve a copy of the report of Forensic Science Laboratory upon the accused-petitioners to enable them to re-approach this court, by filing objections to the report of Forensic Science Laboratory in case same is against the petitioners.

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(KANWALJIT SINGH AHLUWALIA),J

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Heena

Smt Prem Devi and Ors. v. State of Raj and Anr.

Case brief

What is this about?

What did the court decide?

Smt Prem Devi and Ors. v. State of Raj and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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