- (1.) HEARD learned counsel for the parties.
(2.) BY means of this petition, moved under Section 482 of Code of Criminal Procedure, 1973 (for brevity herein after referred as Cr. P. C.), the petitioner has sought quashing of the proceedings in criminal case No. 3 of 2005 State Vs. Mobin, relating to of fences punishable under Sections 420, 467, 468 I. P. C. , RS. Jhabreda, District Haridwar. Learned counsel for the peti tioner argued that the crime No. 69 of 2004 out of which the aforesaid criminal case has arisen is based on the WILL dated 15. 11. 2001, which is alleged to be false by complainant/re spondent No. petitioner that, said WILL is never got declared void by respondent No. 2 from any court of law, According to the First Informa tion Report, the petitioner got the forged WILL executed, a copy of which is Annexure-1 to the petition. Annexure-1 shows that this will was signed by Nasim (executant) on 15. 11. 2001. Learned counsel for re spondent No. 3, pointed out that the death certificate, which is filed as Annexure-2 to the counter affidavit, shows that Nasim had already died on 07. 11. 2001, as such, it is alleged by respondent No. 3 that Nasim could not have executed WILL on 15. 11. 2001. Learned counsel for the petitioner, argued that the death cer tificate is obtained by filing a false af fidavit by respondent No. 3, three years after the death of the executant. It is further argued that the WILL in question is disputed before the con solidation authority in mutation pro ceedings. In the proceeding under Section 482 of Cr. P. C. this Court can not decide such factual disputes. The trial court is the right forum where such questions can be decided after recording of evidence the parties. For the reasons, as discussed above, it is not a fit case for quash ing the criminal proceedings in the above circumstances. Therefore, the petition under Section 482 Cr. P. C. is dismissed, without expressing any opinion as to the final merits of the criminal case, pending before the trial court with observation that the peti tioner will be at liberty to raise all the pleas relating to his innocence before said court. It is further observed while dismissing this petition that the peti tioner if arrested or surrenders before the trial court and moves bail appli cation, his bail application shall be heard and disposed of by the court concerned without unreasonable de lay. With these observations, the pe tition is dismissed and interim stay or der dated 11. 02. 2005 is vacated. (All pending applications in this case also stand disposed of ). .;