Petitioner brother sought quashing of FIR alleging forgery of Will and flat transfer documents. Court held forgery allegations and conflicting evidence must be tested at trial. Dismissed petition.
No ground to entertain the present petition; dismissed along with pending applications.
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TARUN TULI .....Petitioner Through: Mr. Pawan Kumar Sharma, Advocate.
versus STATE GOVT OF NCT OF DELHI .....Respondent Through: Mr. Sanjeev Bhandari, ASC for the State with Ms. Charu Sharma, Mr. Arijit Sharma, Mr. Vaibhav Vats and Mr. Nikunj Bindal, Advocates for the State. Inspt. Pankaj Saroha and SI Dhirener Yadav, PS Pandav Nagar. Mr. Sunil K. Mittal, Mr. Pushpendra K. Dhaka, Mr. Harshit Vashisht and Mr. Sarthak Tagra, Advocates for R- 2/complainant.
CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
The first contention relates to the allegation of forgery of Will dated
This is a digitally signed order.
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14.12.2010 allegedly executed by the father of the parties, Late Sh. Madan Tuli . In this regard, it is contended that the petitioner has propounded the said Will by filing a probate petition No.3/2019 which is pending consideration before the Learned Additional District Judge, Karkardooma. He submits that in the said proceedings, one of the witnesses, namely, Sh. Kartar Singh has appeared and testified that the Will was duly executed in his presence. He thus submits that the allegations relating to the forgery of Will does not survive.
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/07/2025 at 03:28:22
were also sent to the FSL and the report supports the complainant. It is also stated that during investigation, the statement of one Ms. Neelam Sharma, the notary whose signatures allegedly appear on the affidavit and the indemnity bond, was recorded. In her statement, the Notray denied any knowledge and also denied her signatures on the documents. While the probate is pending, in the present case, the chargesheet stands filed.
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/07/2025 at 03:28:22
purpose of disposal of the present petition and would not influence the petitioner in any other manner.
MANOJ KUMAR OHRI, J
OCTOBER 7, 2024/ mk
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/07/2025 at 03:28:22
3 issues framed by the court
Whether the allegations of forgery of the Will and the documents furnished for flat transfer warrant quashing of criminal proceedings under Section 482 Cr.P.C.
Whether the petition establishes that the ingredients of the offence are not made out or brings incontrovertible documents to the record.
Whether the statements of the attesting witnesses and the Notary support the discharge of the petitioner at the quashing stage.
1 provisions across 1 enactments
Tarun Tuli
State Govt of NCT of Delhi
Manoj Kumar Ohri
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
