In an application under Section 482 CrPC, the High Court held that factual disputes regarding the execution of a registered will and an unregistered adoption deed require evidence. The Court dismissed the application as a prima facie triable case existed.
Application for quashing of FIR dismissed; FIR not quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 49
Case :- APPLICATION U/S 482 No. - 15607 of 2018
Applicant :- Dolly Sharma And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Tapan Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record.
Learned Counsel for the applicants submits that the dispute between the parties is purely civil in nature inasmuch arising from a registered will deed alleged to have been executed by the deceased Laxmi Narayan Sharma, a civil suit is pending between the parties. It is thus submitted that the FIR lodged against the applicant is pre mature.
Sri Rajesh Kumar Kanaujiya put in appearance on behalf of the opposite party no.2 submits that the attesting witness of the alleged unregistered deed Sri Mohit Tyagi has already submitted his affidavit during investigation the will deed as claimed by the applicant was never executed. He further relies on the fact that no right can be claimed under an unregistered adoption deed.
Submission thus advanced by the learned counsel for the applicant raises factual issues that require evidence to be led. At present prima facie, it does appear to exist a triable case.
Consequently the instant application is dismissed.
Order Date :- 4.5.2018 Manish Tripathi
Dolly Sharma And 3 Others
Saumitra Dayal Singh
As recorded by the court registry
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