RAJENDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed by the petitioner under Sec. 438 Cr.P.C. seeking anticipatory bail in case having FIR No. 211 dtd. 29/4/2022, registered under Ss. 420, 458, 467, 468, 471, 506 read with Sec. 34 IPC at Police Station Sadar Fatehabad.

(2.) The counsel for the petitioner inter alia submits that the petitioner has been falsely implicated in the present case at the instance of the complainant who is aunt of the petitioner and her husband Bhalla Singh during his lifetime executed a will dtd. 5/8/2020 in favour of the petitioner and after the death of Bhalla Singh the petitioner has filed civil suit against the complainant based on the said will and the copy of the plaint of the civil suit is Annexure P-7 and the said suit is still pending and the validity of the will in question is going to be decided by the civil Court in the said civil suit. The counsel for the petitioner further submits that the entire case is based on documentary evidence and the original will is already taken into its custody by the police from the civil Court and the prosecution has based its case on the basis of the report of FSL, Madhuban which is given by handwriting expert Dr. Kanta Malik whose work and conduct is already under cloud and in this regard the petitioner has also lodged complaint (Annexure P-6) with the Superintendent of Police, Fatehabad. That the said report of handwriting expert is doubtful and that is why the complainant also procured one another report in her favour from some private handwriting expert.

(3.) The counsel for the petitioner further submits that complainant lodged one complaint against the petitioner with regard to the validity of will dtd. 5/8/2020, with the police and in the said complaint the matter was compromised and the complainant got recorded her statement that she will accept the decision given by the civil Court where the dispute with regard to the land is pending between both the parties. At that time the complainant also informed the police that the petitioner never threatened to kill her. That on the basis of the aforesaid statement the complaint lodged by the complainant was filed vide Annexure P-4 dtd. 9/4/2022. The counsel for the petitioner further contends that however thereafter the complainant lodged fresh complaint under Sec. 156(3) Cr.P.C. before the Court concerned and on the basis of the same, the FIR in question was registered by the police.