Court No. - 45
Case :- MATTERS UNDER ARTICLE 227 No. - 8778 of 2018 Petitioner :- Duba Ram Prajapati Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Avdhesh Narayan Tiwari Counsel for Respondent :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
Submission is that during the investigation of Case Crime No.271 of 2018, under Sections 420, 467, 468, 471, 504, 506, IPC, P.S. Kotwali Orai, District Jalaun the original agreement to sell filed in Original Suit No.89 of 2018 is required by the Investigating Officer for verifying the signature of Duba Ram Prajapati on the aforesaid document. The original agreement to sell has been filed before the civil court before the Civil Judge (Junior Division) Orai in Original Suit No.89 of 2018. The original documents are required for the purpose of verification of the signature by the expert. Vide order dated 11.9.2018 Civil Judge (Junior Division), Orai directed that the Investigating Officer should appear before the court and get the proceedings regarding verification of the signature conducted. It has been submitted by the learned counsel for the applicant that the Investigating Officer is not an expert and he will not be able to verify the signatures after tallying the same with the specimen signature of Duba Ram Prajapati. Court below may be directed to provide original copy of the original agreement to sell to the Investigating Officer, who shall get the same verified by the expert and thereafter will return the same to the court.
This application is disposed of directing the Civil Judge (Junior Division), Orai to provide the copy of the original agreement to sell to the Investigating Officer after keeping photostat copy of the same on record with his undertaking that he will return the same within the specified time before the civil court after getting signatures of Duba Ram Prajapati verified by the expert. In case such an undertaking is furnished before the civil court, original document shall be handed over to the Investigating Officer, who shall return the same after producing it before the expert within the time allowed by the Civil Judge (Junior Division), Orai.
Order Date :- 28.11.2018 T. Sinha