Suresh Kumar Gupta, J. - (1.) The application under Section 482 Cr.P.C. has been filed by applicants with request to quash the charge-sheet no. 117 of 2001, dated 09.08.2001, under Sections 420, 467, 468, 471 I.P.C. and under Section 3(1)(10) of S.C. & S.T. Act submitting by Investigation Officer after completion of the investigation of Crime No. 25 of 2001, Police Station Bharthana against applicants and later on learned Additional Chief Judicial Magistrate, IV-A, Etawah vide has taken cognizance vide his order dated 18.10.2001.
(2.) Brief facts of this case are as follows-: That on 22.01.2001, opposite party no. 2 has moved an application before S.S.P., Etawah, S.S.P. has directed to S.H.O., Bharthana to register and investigate the matter. S.H.O., Bharthana registered the case against the applicants on 06.02.2001. That according to F.I.R. allegation, the father of opposite party no. 2, Sita Ram has died on 20.11.1985 and after his death, applicants have prepared a forge will on 16.09.1987 and trying to grab his agricultural lands. That applicants have given threat of life to the complainant as well as his family members.
(3.) Learned counsel for the applicants contended that late Sri Sita Ram during his life time always neglected by his alleged adopted son namely Shadi Lal-opposite party no. 2, who is doing labourer work and living in Punjab but applicant no. 1 always lives with Sita Ram as well as looked after Sita Ram. Sita Ram was died on 20.12.1987 due to long illness and regarding this Dr. K.C. Jain, District Hospital, Etawah has issued a death certificate as Annexure-1. Sita Ram during his life, executed a will in favour of applicant-petitioner no.-1, which was duly signed by him and applicant-petitioner no. 3, Babu Ram and Madhav Singh have signed the aforesaid will as witnesses. Applicant nos. 4 & 5 was attested witnesses of the alleged will dated 16.09.1987. That after death of Sita Ram, applicant no. 1 got his property mutated in his name. That by order of Naib Tehsildar, name of deceased Sita Ram was deleted and on the basis of will dated 16.09.1987, disputed land was mutated in the name of applicant no. 1. That against the mutation order dated 21.05.1999, opposite party no. 2 has filed a restoration application, which was duly allowed and case was restored to its original number. Learned counsel for the applicants further stated that this F.I.R. is barred by Section 195 (1)(b)(2) of Cr.P.C. so F.I.R. shall be lodged by concerned court of Naib Tehsildar. But after restoration the concerned Naib Tehsildar Court neither filed any complaint nor lodged any F.I.R. Complainant has no locus standi to lodge F.I.R. or any complaint against the applicants. It is further contended that applicant no. 1 has already filed a Civil Suit No. 14 of 2001, Sajjan Singh Vs. Kishan Lal and Another, for permanent injunction restraining the respondent for interfering into his peaceful possession. He further submitted that appellant no. 1 has also moved an application for temporary injunction, which was duly allowed by Civil Judge, Senior Division vide his order dated 09.01.2001. It is also argued that applicant nos. 2 & 3 are sons of applicant no. 1. He further stated that neither they are the witnesses of the aforesaid will nor any allegation that applicant nos. 2 & 3 have committed forgery in shifting or preparing forge will. He further submitted that on the basis of F.I.R. no offence under Section 3(i)(x) S.C. & S.T. Act as well as Section 504 & 506 I.P.C are made out against the applicants. He further submitted that until and unless civil as well as revenue court not reached at the conclusion that alleged will is forged till then no allegation of F.I.R. is made out against the applicants. It is also contended that when the applicants have come to know about the registration of F.I.R. then they approached before this court and this court has stayed arrest of the applicants-accused till further order and granted time to Government counsel to file counter affidavit. He further submitted that after investigation, charge sheet was submitted on 09.08.2001 against the applicants and on 18.10.2001, learned A.C.J.M. Court No. 3rd has taken cognizance so this application has been filed by the applicants to quash the charge-sheet as well as proceedings of this case.;