MUNSHI RAM Vs. SHYAM LAL

JUDGEMENT

(1.) THE learned Sessions Judge vide his order passed in Criminal Revision petition No. 21 of 2002, decided on 12-8-2003 has affirmed the order passed by the learned Judicial Magistrate 1st Class, bilaspur dated 25-3-2002 in Criminal Case no. 75/2 of 2001 and the instant petition has been filed for quashing the orders passed by both the Courts below, on the ground that the complaint filed by the petitioner herein was wrongly dismissed by applying the provisions of Section 195 of the code of Criminal Procedure.

(2.) THE brief facts giving rise to the present petition are that Shyam Lal is the real brother of the present petitioner. It is alleged in the complaint filed before the learned trial court that respondent No. 1 Shyam Lal fabricated a Will dated 18-6-1985 of his father ram Dass in his favour in collusion with respondent Nos. 2 to 4 claiming the entire property to the exclusion of the petitioner. The petitioner had filed the suit before learned Sub-Judge challenging the Will, his suit was decreed holding the Will to be not valid. The respondent filed the appeal which was dismissed, even Regular Second Appeal filed by him was also dismissed on 25th june, 1999 by the High Court.

(3.) ON 20-2-2001, Shri Munshi Ram, the brother of Shyam Lal filed a complaint in the Court of learned Chief Judicial Magistrate, bilaspur against the respondents under Sections 467, 471, 474 and 120-B of the Indian Penal Code alleging therein that the said Will was a forged document and was prepared by the respondents with an intention to use it as a genuine document, knowing fully well that Ram Dass had never executed any such document, whereas he has reasons to believe that the Will aforesaid was a forged document.