KANTIBHAI JOITARRAM PATEL Vs. LAXMANJI BIKHAJI THAKORE

JUDGEMENT

(1.) The applicants have approached this Court under section 482 of the Code of Criminal Procedure, 1973 for quashing Criminal Inquiry No. 146 of 2008, pending before the learned Judicial Magistrate First Class, Ahmedabad (Rural), Ahmedabad.

(2.) Respondent No. 1, the original complainant has filed a criminal case against the present applicants and two others before the learned Magistrate, under Sections 120(B), 406, 420, 427, 468, 471, 506(1) of the Indian Penal Code. 2.1. It is the complainant's case that he, along with his sister Kantaben and deceased brother Ramaji Bhikhaji jointly own land ad-measuring one acre and nineteen gunthas of Survey No. 215/2 at village Ambli, District: Ahmedabad. According to his version, in the complaint, the accused 1 and 2 (applicants herein) have created a forged Will dated 20.01.1988 of his father, and under the Will, which is purportedly signed by the accused Nos. 3 and 4 as witnesses, the land in question, is acquired by the accused Nos. 1 and 2.

(3.) Before considering the question whether, the complaint in question, needs to be carried to its logical end or nipped in the bud, by quashing the same, facts as narrated in the quashing petition, which are otherwise not in dispute, regarding various civil/revenue litigation's, needs to be seen.