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2019 DAILYLAW 3147 (RAJ)

VED PRAKASH SOLANKI S/O SHRI MATADEEN SOLANKI B/C KHATEEK v. STATE OF RAJASTHAN

CRLMP/6225/2019 · 2026-03-09

Anoop Kumar Dhand

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Judgment text

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. HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 6225/2019 Ved Prakash Solanki S/o Shri Matadeen Solanki, Aged About 37 Years, R/o 53/134, V.T. Road, Mansarovar, Jaipur. ----Petitioner Versus State of Rajasthan, through PP. ----Respondent For Petitioner(s) : None present For Respondent(s) : Mr.Vivek Choudhary, JUSTICE ANOOP KUMAR DHAND Order 09/03/2026 1. By way of filing the instant misc. petition, a challenge has been made to the impugned order dated 13.09.2019, passed by the Special Judicial Magistrate (N.I. Act Cases) No.2, Alwar in criminal case No.281/2016 by which the application submitted by the S.H.O. Police Station Pratap Nagar, Jaipur (East) has been rejected. 2. Perusal of the record indicates that certain documents have been placed on record in criminal Case No.23/281 pertaining to the F.I.R. No.590/2016 before the Court of Additional Civil Judge-cum- Metropolitan Magistrate No.30, Jaipur Metropolitan, Jaipur. It appears that the aforesaid application has been submitted by the concerned Investigating Officer for getting the documents, which are alleged to be fabricated, for the purpose of sending the same to Forensic Science Laboratory examination for analysis of the same. The aforesaid application has been rejected by the Court below vide order dated (2 of 2) [CRLMP-6225/2019] 13.09.2019 on a technical count that in case, such documents are handed over to the Investigating Officer, the trial would be delayed. 3. In the considered opinion of this Court, the Investigating Officer was supposed to file such application not before the Trial Court, but as per the provisions contained under the General Rules (Civil & Criminal) 2018 before the appropriate forum of law. 4. In case, such application is submitted by the Investigating Officer before the appropriate Authority in terms of the provisions contained under the General Rules (Civil & Criminal) 2018, it is expected from the said Authority to decide such application strictly in accordance with law. 5. With the aforesaid observation, the instant petition stands disposed of. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma /17