NEERAJ KHAJURIA Vs. KULDEEP KHAJURIA

JUDGEMENT

(1.) The present petition has been filed by the petitioner for setting aside the order dtd. 24/12/2018 passed by the learned Principal Sessions Judge, Udhampur (hereinafter to be referred as the trial court) in challan, titled, State vs. Kuldeep Kumar, whereby respondent has been discharged for commission of offences under Sec. 420, 467, 468 and 471 RPC arising out of FIR bearing No. 273/2014 registered with Police Station, Udhampur at the instance of the petitioner.

(2.) It is stated that the petitioner and the respondent are the real brothers and the respondent hatched a conspiracy and with a fraudulent intention got a forged Will dtd. 12/6/2010 prepared in the name of their father- Madan Lal Khajuria and as per said forged Will, the whole of the property has been bequeathed to the respondent only. It is further stated that the Will was prepared by the respondent in a deceitful manner on 12/6/2010 and the respondent has managed to append the signatures of one Chet Ram on the said Will dtd. 12/6/2010 when admittedly, the said Chet Ram passed away on 14/4/2010 i.e. two months before the preparation of the Will.

(3.) The petitioner has impugned the order of discharge passed by the learned trial court in favour of the respondent, on the ground that the learned trial court has prejudged the controversy as it is settled law that the trial court, while considering issue of charge/discharge, has limited jurisdiction to sift the evidence and cannot critically appreciate the evidence while considering issue of charge/discharge.