TARUNKUMAR DAYALAL DOSHI Vs. KISHORKUMAR DAYALAL DOSHI

JUDGEMENT

(1.) Heard learned Counsel Mr. A.R. Chavhan for the petitioners, learned Counsel Mr. N.S. Warulkar for respondent No. 1 and learned Additional Public Prosecutor Mr. P.V. Bhoyar for respondent No. 3/State. Rule. Rule returnable forthwith by consent of learned Counsel for the parties.

(2.) Petitioner Nos. 1 and 2 feel aggrieved by the order passed by the learned Additional Sessions Judge, Yavatmal on 17th September, 2012 dismissing the revision petition filed by the petitioners against the order passed by the learned Chief Judicial Magistrate, Yavatmal on 20th July, 2012. The order of the learned Chief Judicial Magistrate dated 20th July, 2012 directed framing of charges against the petitioners for the offences punishable under Sections 419, 420, 467, 468 and 471 read with Section 34 of the Indian Penal Code. The said order further directed framing of charges against respondent No. 2 Sanjay Devilal Vyas for the offences punishable under Sections 419, 420, 467, 468 and 471 read with Section 109 of the Indian Penal Code.

(3.) Criminal Complaint Case No. 540/2005 was filed in the Court of Chief Judicial Magistrate against the petitioners and respondent No. 2 by respondent No. 1 Kishorkumar Dayalal Doshi. It was alleged in the said complaint that the petitioners had, in furtherance of their common intention, committed forgery in respect of will of deceased Dayalal Doshi and had used the said alleged forged will as a genuine document. As far as respondent No. 2 is concerned, it was alleged that he had abetted the commission of crime by the petitioners.