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Judgment
Heard counsel for the petitioners-defendants (hereafter ‘the defendants’) and perused the impugned order dated 27.4.2017, whereby the trial
court has dismissed the application at the instance of the Assistant Commissioner of Police, Mansarovar (South), Jaipur for obtaining the original of the
agreement to sell dated 6.12.2006 stated by the respondent -plaintiff (hereafter ‘the plaintiff’) to be executed by defendants in its favour, for
examination by the Forensic Science Laboratory (‘FSL’) in the course of investigation into FIR No. 305/2007 registered at Police Station,
Shipra Path, Mansarovar, Jaipur for offences under Section 120B, 420, 467, 468, 471 IPC. The reason which prevailed with the trial court in
dismissing the application filed by the Assistant Commissioner of Police, Mansarovar (South), Jaipur by the impugned order was that an earlier similar
application at the instance of Police under Rule 181 of General Rules (Civil)Â with the same prayer had been dismissed and a writ thereagainst i.e.
S.B. Civil Writ Petition No. 2836/2008 dismissed as withdrawn on 20th August, 2010.
Mr. JK Yogi, counsel for the defendants submitted that defendants are aggrieved of the order dated 27.4.2017 even though it was passed on the
application under Rule 181 of General Rules (Civil) at the instance of the Assistant Commissioner of Police, Mansarovar (South) Jaipur for the reason
that they are the complainants / informants in FIR No. 305/2007, Police Station, Shipra Path, Jaipur and hence interested in a fair investigation
therein such the office bearers of the plaintiff Samiti who seek to appropriate by manipulation the defendants’ immovable property are brought to
justice. He submitted that the trial court did not apply its mind to the fact that following a final negative report in FIR No. 305/2007, Police Station,
Mansarovar (South) Jaipur, on a protest petition filed by the defendants before the jurisdictional magistrate, further investigation was ordered on
17.11.2015. To effectuate the order of the jurisdictional Magistrate forensic examination of the agreement to sell dated 6.12.2006 was essential,
without which the direction of the jurisdictional Magistrate for further investigation would be wholly redundant. He submitted that in the circumstances
the earlier dismissal of similar application under Rule 181 of the General Rules (Civil) and the writ petition thereagainst being withdrawn was no
consequence and the trial court misdirected itself in yet being influenced by the said fact.
Per Contra, Mr. Sudesh Bansal appearing for the plaintiff submitted that for one, this petition is not maintainable at the instance of the defendants
inasmuch as the trial court’s order dated 27.4.2017 dismissing the application by the Assistant Commissioner of Police, Mansarovar (South), Jaipur
cannot furnish any cause of action to the defendants as they are not the investigating agency which required the document in issue for investigation. It
was then submitted that as far as the authenticity of the agreement to sell dated 6.12.2006 is concerned, it is the subject matter of evidence before the
trial court. The issue is not with regard to signatures on the agreement to sell dated 6.12.2006, but its recitations and its clauses which is
fundamentally a matter of construction nor criminal investigation. It was submitted that the petition is completely misdirected a misuse of the easy
access to this court and deserves dismissal.
Heard. Considered.
It is not in dispute that application under Rule 181 of General Rules (Civil) before the trial court was moved by Assistant Commissioner of Police,
Mansarovar (South), Jaipur seeking the original of the agreement to sell dated 6.12.2006 for facilitating further investigation into FIR No. 305/2007,
Police Station, Shipra
Path, Mansarovar, Jaipur  under Section 120B, 420, 467, 468 and 471 IPC at the defendants instance against the respondent â€" Samiti. Dismissal
of his application would thus furnish a cause of action to the Assistant Commissioner of Police, Mansarovar (South), Jaipur. The defendants had not
moved the application under Rule 181 of General Rules (Civil) and its dismissal cannot furnish them a cause of action to approach this Court. Besides
the dismissal of application under Rule 181 of General Rules (Civil) by the trial court on the same facts vide order dated 15.1.2008 was affirmed by
this Court inasmuch as S.B. Civil Writ Petition No. 2836/2008 titled State of Rajasthan & Anr. Versus District & Sessions Judge & Ors. laid
thereagainst was dismissed as withdrawn. That order has attained finality. The mere fact that further investigation was ordered in FIR No. 305/2007,
Police Station, Shipra Path Mansarovar Jaipur by the trial court on 17.11.2015 can be of little avail as the earlier order passed by the trial court on
8.4.2008 stands affirmed by this Court. I also find substance in the contention of Mr. Sudesh Bansal that the issue of the contents of the agreement
to sell dated 6.12.2006 is not so much one of it being under forged signatures but of its contents / clauses which is indeed a matter of construction.
In the facts of the case, I find no merit in this petition.
It is accordingly dismissed.