SADHNA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) K. N. Sinha, J. Heard learned Counsel for the petitioner and the learned A. G. A. Perused the orders dated 22-3-2006 passed by the Magistrate and the Revisional order dated 29-4-2006.

(2.) FROM the orders, it transpires that an application under Section 156 (3), Cr. P. C. was moved by the petitioner, which was dismissed by order dated 22-3-2006. The revision against the said order was also dismissed on 29-4-2006. The dismissal was mainly made on the ground that case of forged will was pending in the Court of Civil Judge (Junior Division) Mirzapur. If that Court found the will to be forged, it can take action. The similar view was taken by the Revisional Court.

(3.) CONSEQUENTLY, the writ petition is allowed. The order dated 22-3-2006 passed by the Magistrate and the Revisional order dated 29-4-2006 are set aside and the Magistrate concerned is directed to re- examine the allegations set forth in the application under Section 156 (3) Cr. P. C. in the light of the observations made above and pass a fresh order. Petition allowed. .