- (1.) This application under Section 482 Cr.P.C. has been filed seeking the quashing of the entire proceeding of criminal case No.775 of 2011 (Jagdish Singh Vs. Akhilesh Singh and others) u/s 419, 420, 467, 468, I.P.C. P.S. Sahjanwa, district Gorakhpur, pending in the court of A.C.J.M., Court no.17 Gorakhpur.
(2.) Pleadings have been exchanged between the parties.
(3.) The contention of the counsel is that the alleged acts of forgery and fabrication and cheating committed by the applicant are based on the ground that the applicant has fabricated a will of Smt. Pyari Devi and thereafter attempted to grab her property on the basis of forged will. The submission is that the validity of the will is the subject matter of civil litigations which are going on between the applicant and opposite party. Further contention is that no final adjudication has been done so far in the civil litigation and the present complaint,therefore, has been brought prematurely in order to create pressure on the applicant so that he may not pursue the civil cases in right earnest. The submission is that the criminal prosecution is bad in the eyes of law in the wake of pendency of civil litigation between the parties with regard to the same documents. Certain other submissions on pure questions of fact have also been touched upon.;