RAJINDER PARKASH Vs. MAL SINGH

JUDGEMENT

(1.) RAJINDER Parkash and another through this petition seek to challenge the order dated 17.10.1990 passed by Additional Sessions Judge, Barnala by which the directions issued by the Sub Judge-cum-Judicial Magistrate Ist Class, Barnala for the filing of a complaint under Sections 467, 468, 473, 193, 476 and 120-B IPC against the respondents were set aside.

(2.) THE facts necessitating the filing of an application under Section 340 Cr.PC against the respondents are that one Naina Devi wife of Laxmi Narain of Barnala was the owner of the land measuring 17 kanals comprised in Khasra Nos. 60//6/7-18, 15/7-15, 16/1-7 situated in village Sanghero as per the copy of the jamabandi for the year 1976-77. Naina Devi had executed a registered Will in favour of her sons Rajinder Parkash, Pawan Kumar and Surinder Parkash on 19.10.1978. She died on 27.5.1981 and after her death, her sons became owners of the land in dispute. The respondents who have no connection with Naina Devi had, in order to grab the land owned and belonging to her, fabricated a Will in favour of the Mal Singh, respondent No. 1 claiming that the deceased was his foster sister (Dharam Behan). The Will was attested by respondents No. 2 to 4.

(3.) I have heard Mr. Munish Jolly, Advocate, appearing for the petitioners and Mr. H.S. Gill, Sr. Advocate assisted by Mr. G.S. Gill, Advocate for the respondent.