VIJENDRA KUMAR Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) BY way of this petition Under Section 482 of the Code of Criminal Procedure the Petitioners have challenged the summoning order dated 27 -8 -2005 as well as the entire proceedings of criminal case No. 904 of 2005, Dhan Prakash v. Vijendra Kumar and Ors. Under Section 465 I.P.C., pending in the Court of Chief Judicial Magistrate Dehradun.

(2.) BRIEF facts of the case, as per the records are that the Respondent No. 3, Dhan Prakash filed a criminal complaint against the Petitioners, alleging therein that in the ancestral property the complainant along with his three other brothers, are the joint owners of equal shares. According to the complaint, father of the complainant Bhagwat Prasad died on 16 -12 -1995 and long before his death he was not capable to move from the bed. It has further been alleged in the complaint that the accused persons Vijendra Kumar and Ram Kumar Petitioners 1 and 2, in connivance with Petitioner No. 3, Rajesh Mittal, prepared a forged will on 15 -12 -1995 in order to get the illegal gain from the ancestral property. It has also been averred in the complaint that the signature of Bhagwat Prasad made in the alleged will are absolutely forged and fake as Bhagwat Prasad was not in a position to make his signature over the documents. As per the complaint the accused have thus committed the offence Under Sections 420, 467, 468 and 120 -B I.P.C.

(3.) THE Petitioners have challenged the impugned order summoning them as well as have prayed to quash the entire proceedings of the criminal case by way of this petition.