AYODHYA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) RAVINDRA Singh, J. Heard Sri S. D. Yadav, learned Counsel for the appli cant, learned A. G. A. for the State of U. P. Sri Dileep Kumar, Sri Rajeev Gupta and Sri Yogendra Yadav, learned Counsel for the complainant.

(2.) IT is contended by the learned Counsel for the applicant that the applicant and his daughter Smt. Madhu Singh are named in the FIR as accused. IT is alleged that in the back portion of the house of the first informant there was some servant quarters. In the first flour of one quarter the applicant and his daughter were living be cause the applicant served at the firm of the first informant, due to their suspected ac tivities and quarrelsome nature, the appli cants were asked to vacate the room but the applicant denied saying that he was the owner of that room. IT was surprising for the first informant then he inquired into the matter and came to know that Smt. Savitri Bagia, Buwa of the first informant, who died in the year 1987, the applicant pre pared a forged Will deed in her name and wanted to grab the property on the basis of that forged Will, a civil suit has already been filed, the property in dispute was at tached to the Income Tax Department since 1967 but the applicant has not been given any information to Income Tax Depart ment, original signature of Smt. Savitri are available on the record in the office of Reg istrar of the Company however, the docu ment of endorsement etc. signature were sent to the Hand Writing Expert and ac cording to the Hand Writing Expert also the signature were forged and the alleged Will deed was forged. The allegation made against the applicant is false and baseless, the applicant has not prepared any forged sale deed in fact it was executed by Smt. Savitri and on the basis of that will deed civil suit has been filed, the lawful remedy is available in civil Court and the civil Court Will decide the genuineness of the Will deed at this stage it cannot be said that the Will deed was forged. That applicant is innocent and he is in jail since 31. 5. 2008.