SHIV DAYAL Vs. STATE OF U P

JUDGEMENT

(1.) The petitioners instituted this writ petition for issuance of a writ, order or direction in the nature of ceniorari thereby quashing the first information report dated 3.1.1995 registered as Crime No.2 of 1995 under Sections 467/468/420 I.P.C. at P.S. Bindki district Fatehpur, in the nature of mandamus thereby staying the arrest of the petitioners in connection with the said F.I.R. direction to the concerned lower court to dispose of the bail application of the petitioners on the very day it is moved by them in connection with he said offences and if that be not possible, released the petitioners on their furnishing personal bonds for the interim period. An application has been moved for interim relief also regarding the disposal of their bail application by the Chief Judicial Magistrate, Fatehpur and the learned District & Sessions Judge. Fatehpur, as prayed in the petitioner itself.

(2.) The dispute relates to the alleged fraudulent fabrication of two Wills dated 6/6/1994 and 6/9/1994 in respect of which an F.I.R. was lodged on 3/1/1995 by Smt. Jai Rani at P.S. Bindki against the petitioners. The allegations in brief as contained in the F.I.R. of Smt. Iai Rani were as follows:

(3.) One Badloo Prasad, who was the husband of Smt. Jai Rani, the informant, had died on 9.6. 1994 without leaving any son, daughter or other legal heir except Smt. lai Rani, who had inherited all his properties. Petitioners Shiv Dayal, Ram Sanehi, and Ram Autar had fabricated a Will dated 6/6/1994 executed allegedly by Badloo Prasad in respect of his properties including agricultural land in their favour. Bhiku Lal and Ramesh Kumar sons of petitioner Shiv Dayal, thereafter. fraudulently got executed and registered another Will in their favour allegedly by Badloo Prasad on 9/6/1994 in respect of his properties. Neither of the two Wills actually was executed by Badloo Prasad. Some one else had impersonated him. Mutation applications sometime thereafter were moved by the petitioners for mutation of their names against the agricultural land of Badloo Prasad in the concerned revenue courts at Tahsil Bindki. The aforesaid Wills were got wrongly and falsely witnessed by Radhey Lal, Shiv Raj and others. Badloo Prasad was an educated man and used to sign. Shiv Dayal and others got affixed thumb impression of some other per son upon the alleged Wills. On coming to know of the abovementioned facts, Smt. Jai Rani went to Police Station, Bindki for lodging F.I.R. with the Police which, however, was not taken down by the Police. She, therefore, sent an application per registered post to the Superintendent of Police, Fatehpur. The F.I.R. ultimately was registered at P.S. Bindki and the investigation followed as usual. The petitioners felt aggrieved and, therefore, instituted this writ petition.