MOBIN Vs. STATE OF UTTARANCHAL AND 2 OTHERS

JUDGEMENT

(1.) Heard Learned Counsel for the parties.

(2.) By means of this petition, moved under Sec. 482 of Code of Criminal Procedure, 1973 (for brevity herein after referred as Code of Criminal Procedure.), the Petitioner has sought quashing of the proceedings in criminal case No. 3 of 2005 State v/s. Mobin, relating to offences punishable under Ss. 420, 467, 468 I.P.C. Rs. Jhabreda, District Haridwar.

(3.) Learned Counsel for the Petitioner argued that the crime No. 69 of 2004 out of which the aforesaid criminal case has arisen is based on the WILL dated 15.11.2001, which is alleged to be false by complainant/respondent No. Petitioner that said WILL is never got declared void by Respondent No. 2 from any court of law. According to the First Information Report, the Petitioner got the forged WILL executed, a copy of which is Annexure -1 to the petition. Annexure -1 shows that this will was signed by Nasim (executant) on 15.11.2001. Learned Counsel for Respondent No. 3, pointed out that the death certificate, which is filed as Annexure -2 to the counter affidavit, shows that Nasim had already died on 07.11.2001, as such, it is alleged by Respondent No. 3 that Nasim could not have executed WILL on 15.11.2001. Learned Counsel for the Petitioner, argued that the death certificate is obtained by filing a false affidavit by Respondent No. 3, three years after the death of the executant. It is further argued that the WILL in question is disputed before the consolidation authority in mutation proceedings. In the proceeding under Sec. 482 of Code of Criminal Procedure. this Court cannot decide such factual disputes. The trial court is the right forum where such questions can be decided after recording of evidence the parties.