TILAKRAJ VAZIRCHAND TALWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD both the learned Counsel; Mr. Mohite for the petitioner and Miss Kamat for the respondent State.

(2.) THIS is petition under Article 226 of the Constitution of India praying for issuance of writ of certiorari quashing the proceedings in C. R. No. 104/1996 registered with the General Branch, Crime Branch, Mumbai, where it is alleged that four accused viz. Vinod Bajaj, Vijay Bajaj, Sudhir Bajaj and the present petitioner Tilakraj Talwar have committed forgery in respect of a registered Will dated 6th February 1990 executed by one Purushottamdas Bajaj. The crime is registered, on the complaint of Girdhar Purushottamdas Bajaj lodged on 2nd October 1996, where the date and occurrence of the offence is alleged to be "during the period from 1989 to 21st August 1993," Girdhar Bajaj had filed Criminal Application No. 3235 of 1996 for intervention in the present proceedings. However, the same was rejected on December 20, 1996 with the following order :--er A. C. AGARWAL AND F. I. REBELLO, JJ.

(3.) A few facts need be stated to appreciate the controversy raised before us. One Purushottamdas Bajaj had a wife Pushpawati. He has two sons from her viz. complainant Girdhar and Surinder, apart from two daughters. Pushpawati died in the year 1945. Purushottamdas then married Bimlavati in 1946. He has three sons and three daughters from Bimlavati. Three sons Vinod, Vijay and Sudhir are the first three accused in C. R. No. 104/1996. The petitioner is admittedly a practising Chartered Accountant and Tax Consultant of the Bajaj family. Purushottamdas Bajaj had executed his first Will on 2nd February 1987, which was an unregistered Will. The sole executor appointed under the said Will was Pannalal Narula, brother of the first wife Pushpawati.