Sandeep Mehta, J. - (1.) Heard learned counsel for the petitioner, learned Public Prosecutor assisted by the Investigating Officer as well as the learned counsel representing the respondent No.2. Perused the material available on record.
(2.) By way of the instant misc. petition under Section 482 Cr.P.C., the petitioner Smt.Jyotsana has approached this Court for assailing the F.I.R. No.176/2012 registered at the P.S. Udaimandir, Jodhpur for the offences under Sections 467, 468 and 471 I.P.C.
(3.) The F.I.R. came to be lodged by Sanjay Bhatt, the petitioner's brother alleging inter-alia that the petitioner prepared a forged Will of their late father Shri Mansa Ram Bhatt and usurped the house No.G8, Shastri Nagar, Jodhpur on the strength thereof. The complainant alleged that the accused petitioner connived with their mother Smt. Vijay Laxmi and prepared the forged Will which did not bear the signatures of any witness whatsoever. He further alleged that the names of three witnesses mentioned in the Will never actually signed the same and hence, the Will is forged. The petitioner challenged the said F.I.R. by filing an earlier petition under Section 482 Cr.P.C. which came to be registered as Misc. Petition No.2754/2012. Learned Public Prosecutor made a statement in this Court on 4.2.2014 that the Police concluded the investigation and finding the complainant's allegations unsubstantiated a negative Final Report was filed in the court concerned. In this background, the misc. petition was dismissed as not pressed by learned counsel for the petitioner reserving her right to file a fresh one if need so arose. After submission of the negative Final Report, the Police has recommenced investigation of the matter on the application filed by the complainant whereupon, the instant fresh misc. petition came to be filed by the petitioner.;