MOHINDER SINGH Vs. MAN SINGH

JUDGEMENT

(1.) PETITIONER Mohinder Singh is the son of respondent No. 1 Man Singh. Shankari Devi, mother of respondent No. 1 is alleged to have executed a Will dated 4.6.1993 regarding her property. She expired on 12.10.1993. Petitioner has already filed a civil suit contending that along with Sat Pal, he has become owner in possession of the property left by Shankari Devi to the extent of one half share. The civil suit is pending. Respondent No. 1 filed a criminal complaint alleging that the Will in question is a false and fabricated document and that offences punishable under Sections 420, 419, 467, 468,471, 477, 109 and 120-B, Indian Penal Code have been committed. It is not being disputed that an FIR has been recorded on the basis of the said complaint by respondent No. 1.

(2.) PETITIONER seeks quashing of the said First Information Report and the proceedings thereto by the police, pointing out that as the matter is pending with the civil Court, it will finally adjudicate the genuineness or otherwise of the disputed Will. The police cannot investigate regarding it because of the bar imposed by Section 195 of the Criminal Procedure Code.

(3.) STRESS is being laid on the provisions of Section 195 of the Code of Criminal procedure. Relevant portion of the same is being produced for the sake of facility :