Mohan Lal v. State
Case brief
What is this about?
The High Court quashed the FIR against the petitioner qua the accused only. He was a witness to an alleged forged Will but not a beneficiary. A civil suit regarding the property and Will cancellation is pending.
What did the court decide?
FIR No.298/2001 registered with Police Station Gandhi Nagar, Jaipur, was quashed qua the petitioner.
What the court decided
{1} S.B. CRIM. MISC. PETITION .NO.351/2006
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
O R D E R
S.B. CRIMINAL MISC. PETITION NO.351/ 2006 MOHANLAL SHARMA Vs. STATE OF RAJASTHAN
DATE:11.11.2014
HON'BLE MR. JUSTICE M.N. BHANDARI
Mr. Anoop Dhand, for the petitioner. Mr. Sudesh Saini, Public Prosecutor for the State.
By this criminal misc. petition under Section 482 Cr.P.C., a challenge is made to the FIR No.298/ 2001, registered with Police Station
Gandhi Nagar, Jaipur for the offence under Sections 420, 467, 468, 471 and 120-B IPC.
Counsel for the petitioner submits that a 'Will' was executed by Achraj Devi in favour of Ram Prasad and on his death, to Smt. Shimla Devi. The petitioner along with Madan Lal were the witnesses to the Will. The allegation exists regarding creation of fraudulent Will to grab the property of Smt. Achraj Devi. It is alleged that on the death of Ram Prasad, the property had come to Smt. Shimla Devi. The petitioner was only a witness to the Will and in no manner a beneficiary in the property. No proceedings were initiated against other witness Madan Lal. In view of the above, the FIR registered against him deserve to be set aside. It is more so when a civil suit for the property and for cancellation of the Will is pending in the Civil Court. The remedy having availed before the Civil
Issues for consideration
2 issues framed by the court
Whether an FIR against a witness who is not a beneficiary in an alleged fraudulent Will should be quashed when a civil suit for the property and cancellation of the Will is pending.
Whether the limited role of the petitioner as a witness precludes criminal proceedings against him when the property dispute is subjudice in civil court.
Parties & counsel
- petitioner
Mohanlal Sharma
- respondent
State of Rajasthan
Coram
M.N. Bhandari
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · November
- Registered
- Case no.
- CRLMP/351/2006
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