Karunesh Singh Pawar - (1.) Jaini Singh and Udayveer Singh accused of committing offence under Sections 471, 468, 467, 420 Indian Penal Code, Police Station Hazratganj, District Lucknow registered vide First Information Report No.681 dated 16.11.2018 have filed this petition for issuance of a writ in the nature of certiorari quashing the said criminal proceedings. The impugned criminal proceeding has been initiated at the instance of Kunwar Mohit Singh s/o Kunwar Brijendra Singh.
(2.) We have heard Shri Vivek Raj Singh learned counsel for the petitioners, Shri S.P. Singh, learned counsel for the State and Shri I.B. Singh, learned Senior Advocate assisted by Shri Ishan Baghel, learned counsel for the Complainant. We have carefully gone through the contents of the impugned first information report and the documents appended with the writ petition towards which our attention has been drawn.
(3.) Gist of the allegation in the impugned first information report is that so as to usurp ancestral property belonging to the complainant located at 9, Butler Road, Lucknow, Jaini Singh, Brijendra Singh @ Jamuni sons of Ratan Singh and Udayveer Singh son of Ram Charan have prepared forged documents. Mother and father of the complainant died a number of years back. So as to take advantage of their death, the above named accused through forged documents are making an attempt to usurp the property. It has been alleged that the property 9, Butler Road, Lucknow was owned by Late Sardar Samsher Singh. Sardar Samsher Singh executed Will dated 26.06.1991 bequeathing the property in favour of the complainant, brother Kunvar Mohit Singh, and sister Ruchi Singh @ Rinki. Jaini Singh, however forged document dated 30.04.1996 bearing Succession Certificate No.348(8) Ra. No.02/96 purportedly issued by office of District Magistrate, Lucknow while relying on forged unregistered Will dated 25.11.1994. It has been alleged that on the basis of these forged documents, the accused got the ancestral property defined as 9, Butler Road, Lucknow transferred in their names. When inquires were made through Right to Information Act in regard to Succession Certificate dated 30.04.1996 (supra), office of District Magistrate informed that it had never issued the said succession certificate.;