SHAKUNTALA DEVI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This application under S. 482 Cr. P.C. has been filed for setting aside orders dated 29-7-2002 passed by VII Additional Sessions Judge, Allahabad and dated 8-11-2000 passed by Chief Judicial Magistrate, Allahabad and for directing the Court below to take cognizance on the application of applicant under S. 156(3) Cr. P.C. to direct the authority concerned to lodge report.

(2.) It appears that applicant moved an application before Special Chief Judicial Magistrate, Allahabad under S. 156 (3) Cr. P.C. for direction to the police station George Town to register a case against opposite parties No.2 to 4 under S. 419, 420, 467 and 468 IPC with the allegation that Jangilal was maternal uncle executed a will dated 20-4-1986 in her favour in respect of plot No. 18/1 on which house No. 689/2/67 was situated since 1980. The name of the applicant was recorded in records of Nagar Nigam on basis of above will in the year 1989.

(3.) The applicant later on sold a portion of said house (82 square yards) in favour of opposite party No. 4 by executing sale deed dated 29-12-1993. The opposite parties No.2 to 4 prepared a forged will dated 9-3-1976 in the name of opposite party No.2 mother of opposite party No.3 allegedly executed by Jangilal in respect of entire area of plot in question. Jangilal was literate but will deed contained his thumb impression. The parentage of Jangilal was wrongly shown as Lalji in will deed while his father's name was Murli. Residence of Jangilal was also wrongly shown in the will deed. The opposite parties therefore committed offences punishable under S. 419, 420, 467 and 468 IPC.