BABLI AND OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER
HIGH COURT OF UTTARAKHAND
Babli And Others
State of Uttarakhand and another
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Servesh Kumar Gupta, J. -
(1.) HEARD learned counsel for the parties. Admit.
(2.) LEARNED counsel for the applicants is directed to supply copy of this petition to the counsel for respondent no. 2 by today itself. Learned counsel for the respondent no. 2 has drawn attention of this Court towards Annexure No. 23 (page no. 155) of the petition, which a report of Forensic Science Laboratory Uttarakhand (a Government Laboratory). Report of the Science Laboratory is that signature of deceased Mahendra Singh on the sale deed dated 11.02.2003 does not emulate with the questioned signature on the alleged WILL dated 13.10.2003 executed in favour of Babli. So there are two strong basis strengthening the lodging of FIR and submission of chargesheet by police against applicants Babli, Roshni and Satyapal Singh, first, findings of Civil Judge (Senior Division) in Misc. Suit No. 105 of 2003 dated 23.11.2010 and second, report of Science Laboratory.
(3.) THESE arguments have been refuted by learned counsel for the applicants. He has argued that finding of Civil Judge (Senior Division) dated 23.11.2010 is under challenge before this Court by way of filing First Appeal no. 83 of 2010 and Appeal from Order No. 454 of 2010 wherein on 08.12.2010 this Court stayed the effect and operation of order passed by Civil Judge.;
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