CRLMP1629/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Petition No.1629/2010 Commissioner of Income Tax Central, Income Tax Department, Jaipur Vs. State of Rajasthan and Others Date of Order ::: 26.10.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri J.K. Singhi with Shri Anuroop Singhi, Counsel for petitioner Shri Piyush Kumar, PP for the State Shri R.N. Mathur, Counsel for applicant Shri Chandra Purohit, SHO, Kotwari Jaipur City (North) present in person #### By the Court:- Commissioner of Income Tax has approached this court under Section 482 Cr.P.C. against order passed by Chief Judicial Magistrate, Jaipur City, Jaipur by which they have been directed to handover original documents which were mostly agreements to sell, to S.H.O., Police Station Kotwali, Jaipur City (North). Learned counsel for petitioner has argued that the documents are required for purpose of framing assessment-order and that they would handover original documents to S.H.O., Police Station Kotwali, Jaipur City CRLMP1629/2010 // 2 // (North), positively by 1st of December, 2010, whether or not assessment-order is passed by 30th November, 2010. Learned counsel submits that assessment-order is likely to be passed by 30th November and soon thereafter they would handover original documents to S.H.O., Police Station Kotwali, Jaipur City (North). Learned counsel appearing for complainant/applicant opposed the petition and argued that assessment-order can be framed on the basis of Photostat copies and original copy can be returned to the police because the allegation is that such documents are forged and therefore they are required to be sent to Forensic Science Laboratory for examination. He further submits that already the petitioner has retained the documents for more than four years and therefore sufficient time has been given to them. Shri Chandra Purohit, S.H.O., Police Station Kotwali, Jaipur City (North) is present in the court. He submits that original documents are required for being sent to Forensic Science Laboratory. Having regard to submissions made above, the petition is disposed of with a direction to immediately supply Photostat copies of original documnts to S.H.O., Police Station Kotwali, CRLMP1629/2010 // 3 // Jaipur City (North). Petitioner is further directed to handover original documents in question to S.H.O., Police Station Kotwali, Jaipur City (North) on 1st December, 2010 positively. (Mohammad Rafiq) J. //Jaiman//