M SADASIVAM Vs. K DURAISAMY

JUDGEMENT

(1.) 1. Crl. O.P. No.3860 of 2006 has been preferred by the petitioner/A1. Crl. O.P.No. 5715 of 2006 has been preferred by the petitioners/ A2, A4 and A5. Both the petitions are arising out of the case in C.C.No.201 of 2005 on the file of the Judicial Magistrate, Paramathi.

(2.) IT is not in dispute that the respondent in both the criminal original petitions is the maternal uncle of the petitioner in Crl. O.P. No. 3860 of 2006, who has been arrayed as A1 in the case. The second accused Ramamoorthy is the husband of the respondent's younger sister. Accused No.3 and 4 are the attesters to an alleged Will, dated 21.1.1979 and A5 is the scribe of the Will. A2, being the beneficiary under the alleged Will, dated 21.1.1979 filed a suit in O.S.No.346 of 1996 before the Sub Court, Namakkal, praying for the relief of partition and separate possession against A1 and the respondent herein. The said suit was dismissed on merits on 7.3.2005. Aggrieved by the same, an appeal has been preferred before the District Court, Namakkal, which is still pending in A.S.No. 8 of 2005. The petitioner/A1, was arrayed as first defendant in the suit. In such circumstance, respondent has filed a private complaint under Section 200 Cr.P.C. before the District Munsif cum Judicial Magistrate, Paramathi, seeking prosecution against the petitioners in both the criminal original petitions, who were A1, A2, A4 and A5 on the file of the Judicial Magistrate, under Sections 120 B, 420, 465, 466, 467, 468, 471, 477 and 477-A I.P.C., alleging that the Will, dated 21.1.1979, said to have been executed by Karupanna Gounder is a forged and fabricated document.

(3.) IT is not in dispute, that the suit filed by A2, as beneficiary under the Will in dispute, dated 21.1.1979, in O.S.No.346 of 1996 before the Sub Court, Namakkal, praying for relief of partition and separate possession, against A1 and the respondent herein, after the trial, was dismissed on merits on 7.3.2005. The respondent/complainant has not denied that A2 aggrieved by the judgment rendered by the Sub Court, has preferred an appeal, which is pending in A.S. No. 8 of 2005 on the file of the District Court, Namakkal.