V D HANDA Vs. VIPUL HANDA

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred to as the Code) for quashing the order dated 21-8-2000 of the Chief Judicial Magistrate, Satna in Criminal Case No. 1186 of 2000 by which a complaint has been registered under Sections 420, 467 and 468 I.P.C. against applicant V.D. Handa and process has been issued against him.

(2.) Sitaram Handa had executed a Will dated 1-6-1968. He was owner of a plot 120 x 67 Sq. ft. khasra No. 264/3 in Simaria Chowk, Satna. Half of this plot was bequathed by him to his wife Prakash Devi. She obtained a probate in respect of her share of the plot in probate case No. 1-A/69 from the Court of Additional Sessions Judge, Satna. The original Will was produced in the probate case.

(3.) The case of the complainant Vipul Handa in the complaint is that the carbon copy of the Will in the office of the Sub-Registrar has been partly forged by applicant V.D. Handa. That part has been shown in margin of the copy of the Will. This endorsement which is said to be forged did not find place in original Will. The complainant has obtained a certified copy of that Will from the probate case and that proves that the copy available in the office of the Sub-Registrar has been forged.