SUDESH KUMAR & OTHERS Vs. STATE OF UTTARAKHAND & ANOTHER
HIGH COURT OF UTTARAKHAND
Sudesh Kumar And Others
State of Uttarakhand and another
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(1.) Heard Mr. Ajay Veer Pundir, Advocate, for the applicants, Mr. Amit Kapri, Brief Holder, for the State and Mr. Lalit Sharma, Advocate, for the private respondent no.
2. Also perused the papers on record.
(2.) By means of this petition, challenge has been made to the order of cognizance dated 27.2.2008, passed by the Judicial Magistrate, Laksar, in Criminal Case No. 157/2008, whereby the applicants have been summoned to stand trial for the offences under Section 420, 467, 468, 411 IPC.
(3.) It transpires that the controversy revolves around an agricultural land originally owned by one Kumat Singh, who died probably sometime in 2004. Applicant no. 2 Ramesh Chand allegedly fabricated an unregistered Will dated 20.12.2003 shown to be executed by Kumat Singh in his favour and on the basis of the said Will, he sold that immovable property to applicant no. 5 Sanjay Kumar, a resident of Muzzafarnagar, U.P. As per rules framed by Uttarakhand Government, Sanjay Kumar secured the permission of concerned District Magistrate to purchase the said land. Ram Diya and Mukhtar were the witnesses of the Will. Applicant No. 1 Sudesh Kumar was the scribe of the Will.;
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