RAKESH KUMAR DUBEY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) PRESENT revision has been preferred by the petitioner under Section 397/401 of the Code of Criminal Procedure (in short Cr.P.C.) assailing the order of the committal passed by the Judicial Magistrate First Class, Dabra, district Gwalior in exercise of powers under Section 209 of Cr.P.C. in a Criminal Case No. 904/2006 on dated 10/4/2014.

(2.) AS per prosecution story, one written complaint was filed on 5/8/1993 to the Director General of Police, Bhopal stating therein that Umadevi s/o Rakesh Kumar Dwivedi had executed one forged and fabricated Will dated 5/1/1993 in respect to the property situated at Dabra which was under the ownership of Keshav Dayal Sharma. This Will was executed by Umadevi who is daughter -in -law of said Keshav Dayal Sharma. On the date of execution of the aforesaid Will, Keshav Dayal was stated to be ill and under treatment and the Will was allegedly executed with the help of other co -accused, namely, Shivshankar, Kaushal Kishore, Ramashankar, Narendra Nath including the present petitioner Rakesh Kumar Dubey. On the basis of complaint, Crime No. 166/95 was registered at Police Station Dabra, district Gwalior for the offences punishable under Sections 420, 467, 468, 471 read with section 120B of I.P.C. After completion of investigation, charge -sheet was filed in the trial court and on 6/10/1998 charge against the petitioner/accused was framed for commission of offence punishable under Sections 420, 467, 468 and 120B of I.P.C. Photocopy of the charge -sheet has been enclosed with this petition marked Annexure -P/3. Thereafter, after a period of sixteen years on 10/4/2014, the order of committal was passed by the learned Magistrate by saying that he has no jurisdiction and the offences committed are exclusively triable by the court of Sessions. Being aggrieved by the aforesaid order, the present revision has been moved to this court.

(3.) LEARNED Public Prosecutor for the respondent No. 1/ - State, on the other hand, supported the findings of the trial Magistrate and prays for dismissal of the revision.