Citation : 2022 Latest Caselaw 2683 Raj/2
Judgement Date : 30 March, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 1396/2020
Udal Singh S/o Balbir Singh, Resident Of Quarterpuri, Gurganva,
(Haryana)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Jai Raj Tantia, Adv. For Respondent(s) : Mr. Mangal Singh Saini, PP
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order
30/03/2022
This Criminal Miscellaneous Petition under Section 482
Cr. P. C. has been filed by the petitioner against the order dated
16.01.2020 passed by learned Additional Sessions Judge No.1,
Kishangarhbas, District Alwar in Sessions Case No.12/2016 titled
as "State Vs. Udal Singh and others", whereby application filed by
the petitioner regarding FSL report relating to signatures on the
suicide note was dismissed.
Learned counsel for the petitioner submits that the
learned trial Court vide order dated 16.01.2020 wrongly rejected
the application filed by the petitioner under Section 45 of Evidence
Act. Learned counsel for the petitioner further submits that the
prosecution witness PW No.1-Raghuveer Singh who is the father
of the deceased in his statement admitted the signature of the
deceased on admission card. So, signature on the admission card
is admitted document of the deceased-Harikrishan Yadav.
Investigating Officer had sent the documents for comparison the
(2 of 2) [CRLMP-1396/2020]
signature of the deceased are not admitted documents. So,
petition filed by the petitioner be allowed and learned trial Court
be directed to send the signature on the suicide note for
comparison with admitted documents of the deceased as
admission card.
Learned counsel for the petitioner has placed reliance
upon the judgment of Madhya Pradesh High Court in the case of
Usha Sharma(Smt.) Vs. Maharaj Kishan Raini and anothers
in W. P. No. 743/2008 decided on 04.05.2009.
Learned Public Prosecutor has opposed the arguments
advanced by learned counsel for the petitioner and submitted that
the learned trial Court in its order rightly rejected the application
filed by the petitioner because during investigation, Investigating
Officer had sent suicide note with comparison of admitted
documents A-1 to A-27. So, at this stage, no need for further
comparison of the documents. So, petition filed by the petitioner
be dismissed.
I have considered the arguments advanced by learned
counsel for the petitioner as well as learned Public Prosecutor and
perused the impugned order.
Learned trial Court had given cogent reasons in
rejecting the application filed by the petitioner. So, the present
petition is devoid of merits and liable to be rejected.
Hence, this Criminal Miscellaneous Petition stands
dismissed.
Stay application also stands disposed of accordingly.
(NARENDRA SINGH DHADDHA),J
Gourav/21
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