- (1.) Heard learned counsel for the applicant, learned AGA for the State, counsel for opposite party no.2, and perused the records. Counter affidavit filed by learned counsel for the opposite party no.2, let it be taken on record.
(2.) Application under Section 156(3) Cr.P.C. dated 6.2.2015 was moved by present applicant before trial court that his mother had not executed any registered will, but his brother Saiyad Gayasuddin Aasi had manipulated forged will dated 18.05.2004, when his mother was in coma. His mother had not executed any will, because had she ever executed such will, it would have been in knowledge of applicant or his brothers. It is also mentioned that mother of applicant and opposite party no.2 resided with their third brother Javed, who had never mentioned any will, If such will have been executed, it would have been in knowledge of Javed or other persons. Therefore, for forging the will prosecution should be started against the applicant's brother Saiyad Gayasuddin Aasi.?
(3.) On the said application u/s 156(3) Cr.P.C. police had submitted report that for same matter, case crime no. 2 of 2015, under Sections 406, 448, 352, 504 and 506 IPC has been registered. But from perusal of record, it appears that although relating to case crime case no. 2 of 2015 was lodged on report of applicant against same accused, but it was for different reasons.?;