NARAYANDAS Vs. SUSHILADEVI & 5 OTHERS

JUDGEMENT

(1.) These petitions u/s. 482 of the Cr.P.C. have been filed for quashment of the order dated 20.3.2014 passed by the Sessions Judge, Indore in Cr. Revision No. 361/2012 and subsequent order dated 8.5.2014 passed by the Magistrate in Cr. Case No. 14246/2014 whereby took cognizance u/s. 420, 467, 468, 471 and 120-B of the IPC against the applicants.

(2.) Brief facts of this case are that Late Bhanwaridevi was mother of Kamal Kishore and Rajesh and Smt. Dhanwanti and Smt. Sushiladevi are their wives respectively. It is averred that on 3.4.2006, Bhanwaridevi executed a Will in favour of Sushiladevi. Subsequently, on 30.4.2010 a Will of Bhanwaridevi was prepared in favour of Dhanwanti by Dhanwanti and her husband Kamalkishore with collusion of Advocate Narayandas Baheti, Notary-M.N. Khan and attesting witnesses viz. Rajendra and Kalyan. Sushiladevi filed a private complaint on 29.7.2010 against Dhanwanti and aforesaid persons. Sushiladevi has filed a probate application in the month of July, 2010 on the basis of Will dated 3.4.2006 executed in her favour. Whereas, Dhanwanti filed a civil suit on 26.4.2011 on the basis of alleged forged Will dated 30.4.2010.

(3.) Magistrate after inquiry dismissed the complaint of Sushiladevi. Thereafter, Sushiladevi filed Cr. Revision. Learned Sessions Judge vide order dated 20.3.2014 allowed the revision and directed the Magistrate to make further inquiry. Thereupon, Magistrate took cognizance u/s. 420, 467, 468, 471 and 120-B of the IPC against the applicants. Being aggrieved, applicants have filed these petitions.