SAQIB ALI SHAH Vs. STATE OF J&K

JUDGEMENT

(1.) Through the medium of instant petition, the petitioners have challenged FIR No. 49/2019 dated 14.10.2019 for offences under Sections 420/465/467/468/471/120-B RPC registered with Police Station, Crime Branch, Jammu.

(2.) Briefly stated the case of the petitioners is that respondent No.2/complainant made a complaint against them before the Court of learned Judicial Magistrate 1st Class (Munsiff), Jammu alleging therein that the petitioners have fabricated and forged a Will dated 16.10.1998 purported to have been executed by the father of respondent No.2/complainant. It was further alleged in the said complaint that the mutation has been attested in the revenue record as per the order of Probate passed by the learned Principal District Judge, Jammu in respect of the said Will, but, in fact, the said Will does not bear the signature of testator, namely late Wazir Mohd.

(3.) On the basis of order passed by the learned Judicial Magistrate 1st Class (Munsiff), Jammu and after conducting preliminary verification, the impugned FIR came to be registered by the Police Station, Crime Branch, Jammu. According to the petitioners, the Will in question has been probated and on 31.12.2005, the learned Principal District Judge, Jammu has passed an order in this behalf. It is also contended that respondent No.2/complainant has sworn an affidavit attested by the learned Judicial Magistrate 1st Class, Jammu declaring that the Will in question is genuine. It is further contended that respondent No.2/complainant has filed a Civil Suit for declaring the Will in question as null and inoperative. The petitioners have gone on to contend that as per the settled position of law, a Will, after it is probated, becomes a conclusive proof with regard to its genuineness and it operates in rem. Thus, the question regarding the genuineness of the Will cannot be reopened by way of criminal proceedings.