MAHESH GUPTA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard with the aid of case diary.

(2.) Prosecution story, in brief, is that the complainant Ravindra Gupta, Omprakash Gupta, Late Shivcharan Gupta, Jagdishprasad Gupta, Mahendra Gupta and present applicant Mahesh are real brothers and Smt. Chandrakanta Garg, Ku. Hemlata Gupta and Ku. Rekha Gupta are their real sisters. Shivcharan Gupta and his wife Smt. Rajeshwari Gupta had died on 18/1/2015 and 22/5/2021 respectively. It is alleged that on 26/12/2014, the applicant prepared a forged will of deceased Shivcharan to grab his property and he put false signatures of Shivcharan and witnesses. The complainant filed a complaint alongwith application under Sec. 156(3) of Cr.P.C. Thereafter, as directed by Judicial Magistrate First Class, Indore in exercising of power under Sec. 156(3) of Cr.P.C. On 10/2/2024, an FIR was lodged against the applicant.

(3.) Learned counsel for the applicant/accused submits that the applicant has not committed the offence and has falsely been implicated in the case. It is submitted that applicant is not a beneficiary of the aforesaid will, but beneficiary was only wife of deceased Shivcharan. It is also submitted that the case is of civil nature and criminal color has been given by the complainant party. It is submitted that applicant is an old person aged 72 years. It is also submitted that he has filed a certificate dtd. 5/5/2024 issued from Suyash Hospital Pvt.Ltd., Indore, which reveals that during custody the applicant was unconscious on 3/5/2024 and he is still under treatment and he is admitted in ICU. It is submitted that the applicant is in custody since 3/5/2024. The matter is under investigation. Conclusion of trial will take considerable long time for its disposal, therefore, it is prayed that the applicant be released on bail.