Single judge criminal miscellaneous petition under Section 482 CrPC seeking quashing of FIR for cheating and forgery. Court dismissed petition relying on police report noting matter is civil in nature and prior civil judgment held will is not forged.
Criminal misc. petition under Section 482 CrPC and stay petition dismissed.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B.Criminal Misc(Pet.) No. 1303 / 2015
Kapoor Chand S/o Late Dharma Ji, By caste Chhipa, Aged 65 years, R/o Behind Shakti Mata Mandir, Pindwara, Tehsil Pindwara, District Sirohi.
----Petitioner
Versus
----Respondents
For Petitioners : Mr. Surendra Surana
For Respondent No.1 : Mr. Vikram Singh Rajpurohit – PP
For Respondent No.2 : Mr. Jamwant Gurjar
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
12/01/2017
This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner with a prayer for quashing the FIR No.138/2015 of Police Station, Pindwara, District Sirohi for the offences punishable under Sections 420, 467, 468 and 471 IPC.
Learned Public Prosecutor has submitted the factual report dated 12.01.2017, wherein it is mentioned that after taking into consideration the fact that though the complainant has alleged that the petitioner has created a forged will dated 04.09.1983, however, the said will was subject matter of a Civil Suit No.124/2008, in which the Additional District Judge, Abu Road has
(2 of 2)
[CRLMP-1303/2015]
already ruled that the disputed will is not forged one.
In view of the fact that the police has already filed negative final report while concluding that the matter is of civil nature, no further order is required to be passed in this criminal misc. petition and the same is, therefore, dismissed.
Stay petition also stands dismissed.
The factual report dated 12.01.2017 be taken on record.
(VIJAY BISHNOI)J.
Abhishek Kumar
S.No.14
1 issue framed by the court
Whether the FIR regarding offences of cheating and forgery requires to be quashed if a prior civil court has held that the alleged forged will is genuine.
1 provisions across 1 enactments
KAPPOOR CHAND
THE STATE OF RAJASTHAN AND ANR.
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
