ASWINI KUMAR PADHY Vs. STATE

JUDGEMENT

(1.) PETITIONERS are the accused persons in G. R. Case No. 1014 of 1999 in the Court of S.D.J.M., Berhampur and the opposite party No. 2 is the informant whereas the opposite party No -1 - State of Orissa is the prosecutor.

(2.) ON 16.2.2000, learned S.D.J.M., Berhampur after perusal of the case diary took cognizance of the offence punishable Under Sections 467/468/471/34, I.P.C. which is under challenge in this application Under Section 482, Cr. P.C.

(3.) LEARNED counsel for the petitioner argues that when the said Will is pending for the scrutiny of the Civil Court on the question of genuineness or forgery, a criminal trial on the allegation of forgery of that Will need not be undertaken because the dispute is purely civil in nature. Accordingly, he prays to - quash the order of cognizance and also the criminal proceeding i.e., G. R. Case No. 1014 of 1999.