KUMUD D. VAIDYA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present application under Sec. 482 Cr.P.C. has been preferred by the applicants against the judgment dtd. 8/4/2024 passed by the learned 2nd Additional Sessions Judge, Dehradun in Criminal Revision No.246 of 2022 (Kamal Prasad vs. State and others), whereby, the said court has allowed the revision and set aside the order dtd. 23/9/2022 passed by the learned IVth Additional Chief Judicial Magistrate, Dehradun in Complaint Case No.965 of 2019, Kamal Prasad vs. Kumud D. Vaidya.

(2.) That the brief facts leading to the filing of the present application starts with the filing of Criminal Misc. Case No. 1309 of 2018 in the court of IV Additional Chief Judicial Magistrate, Dehradun, under Sec. 156(3) Cr.P.C. by respondent No. 2 herein for lodging of FIR against the present applicants and Mr. Laxman Vaidya, inter alia, on the grounds that mother of complainant, Smt Pushpa Kumari was the owner of several properties who at the age of 70 years had executed a registered Will dtd. 19/11/1995 bequeathing property no.8 - B, Laxmi Road, Dehradun and land of Khasra no. 179, 180, 181, 183, 185 total admeasuring 2.55 Acres including residential house and furniture etc. and the property of Happy Garden Estate, Nala Pani, Mussoorie area admeasuring 2 Acres and money of joint account and Rs.50,000.00 deposited with UTI (Union Trust of India) in favor of the complainant and bequeathing certain properties to applicant no. 1, 2 herein and Mr. Laxman Vaidya; the mother of complainant had expired on 11/4/2010; complainant was out of Dehradun town from July 2009 till February 2012, taking benefit of which the applicants herein along with Mr. Laxman Vaidya, by hatching a criminal conspiracy had prepared forged Will dtd. 17/3/2010 and got the same registered on 12/7/2010 and subsequently got the name incorporated in records whereby the applicants herein along with Mr. Laxman Vaidya had started posing as owners of property no. 8-B (New No. 52/29), Laxmi Road, Dehradun, Lt. General A.K. Jasveer Singh and Era Singh had witnessed the said concocted will, subsequently, the complainant had obtained the photocopy of the will under the right to information and after the perusal of the same, it became apparent that the alleged will was neither executed by the mother of complainant nor signed by her, but was fabricated after her death and the applicants herein along with Mr. Laxman Vaidya got their names recorded in the records of the Municipal Corporation and intends to sell the property; the applicants herein, along with Mr. Laxman Vaidya, have committed an offense under Ss. 120B, 420, 467, 468, and 471 of the IPC; the complainant had tried to get lodged the FIR, but the complaint was not received by the police, and as such, a written complaint was filed before SSP, Dehradun, on 17/3/2018, which also fetched no result.

(3.) The respondent no.2/complainant filed an application under Sec. 156(3) Cr.P.C. on 10/12/2018 which was registered as Criminal Miscellaneous Case No.1309 of 2018. On that application, a report was called by learned Magistrate from the concerned police station and thereafter learned Vth Additional Chief Judicial Magistrate, Dehradun by his order dtd. 16/2/2019 converted the application as a complaint case No.965 of 2019 and by order dtd. 1/10/2019, the applicant no.1 Kumud D. Vaidya was summoned to face the trial under Sec. 420 IPC. Challenging the said order, Criminal Revision No.254 of 2019 was filed by applicant no.1 which was decided by learned IVth Additional Sessions Judge, Dehradun by his order dtd. 17/2/2020, whereby, the summoning order dtd. 1/10/2019 was set aside and the trial court was directed to pass an order in accordance with law and in light of the legal proposition envisaged under Sec. 202 Cr.P.C.