Sheema Ali Khan, J.

1. This application has been filed for quashing the order dated 23.4.2008 by which the Sub-Divisional Judicial Magistrate, Danapur has taken cognizance of the offences committed under Sections 420 and 120B of the Indian Penal Code in Complaint Case No. 951C of 2007.

2. Ravi Kishan Dongargaonkar (the complainant) has filed a complaint petition challenging the With executed by his father late Kishan Gopal Dongargaonkar by alleging that it was obtained by fraud. It would be relevant to quote the genealogical table from the complaint petition.

Kishan Gopal Dongargaonkar

(died on 23.3.2006)

Nalini (wife) died on 29.3.1989

_________________________________________________________________

$ $

Daughter-2 Son-3

_________________________________________________________________

$ $ $

Nandini Ramesh (59 yrs.) Jyoti Anant (56 yrs.) $

_________________________________________________________________

$ $ $

Ravi Kishan Chandu Kishan Pradeep Kishan

(54 years) (43 years) (43 years)

Partner in RA- (died on 10.9.04 Partner in RA-

34 years in accident) 13 years

(complainant) $ (petitioner no. 1)

$ $ $

Anjali Ravi Medha Shekhar Swati Pradeep

(wife) (wife) (wife)

Partner in RA-2 yrs. (petitioner no. 2)

(petitioner no. 3)

3 The case of the complainant is that his father late Kishan Gopal Dongargaonkar shifted to Bihar in the year 1972 and he alongwith his son established a business in the name and style of M/s Ravi Associates. The other two brothers of the complainant, were young and did not immediately join the business. In 1978, the father of the complainant purchased a piece of land bearing plot nos. 148, 149 & 150 under Khata Nos. 44, 46 & 40 at Patna and built a house over the said lands known as NALINI. In 1983, late Kishan Gopal Dongargaonkar shifted to Kathmandu (Nepal). In 1985, Chandra Shekhar, one of the brothers of the complainant joined the business. It is said that there were four partners in the business, namely, late Kishan Gopal Dongargaonkar, the complainant himself, D. Pradeep Kishan and D. Chandra Shekhar Kishan. The case of the complainant is that he took upon the responsibility of the business and it was because of him that the business grew and flourished. Pradeep Kishan, the youngest brother of the complainant joined the business on 1.1.1993. After the sudden death of Chandra Shekhar Kishan, his wife Smt. Medha Shekhar also joined the business of M/s Ravi Associates and began to work as a full time working partner. It is alleged that the father of the complainant lost interest in the affairs of the business since January, 1995 and finally died on 23.3.2006 at Patna at the age of 82 years. The specific allegations in the complaint petition are mentioned at paragraphs 8 and 9 of the petition wherein it is stated as follows:-

"8. That the complainant states that during the illness of late Kishan, V.D. Manjrekar (Accused No. 3) who is father-in-law of D. Pradeep Kishan and father of Smt. Swati Pradeep Kishan (Accused No. 4) hatched a conspiracy to forge a "Will" of late Kishan.. In this conspiracy Smt. Medha Shekhar and one Mr. R.K. Verma, a Law Graduate and sometime practicing Lawyer in Jharkhand High Court at Ranchi, actively participated and abated the plan/ conspiracy of V.D. Manjrekar, his daughter and his son-in-law. The conspiracy was given effect to after the death of late Kishan.

9. That the complainant states that the father of the complainant never disclosed exec