ANU MALHOTRA, J.

1. Vide the present petition under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, the petitioner assails the impugned order dated 14.09.2015 of the learned Additional Sessions Judge-I, Central, Tis Hazari Courts, Delhi in Criminal Revision No. 02/2014 whereby the order dated 16.12.2013 of the learned Chief Metropolitan Magistrate, Central, Tis Hazari Courts, Delhi in the Criminal Complaint No. 315/1 was upheld whereby a prima facie case was held to be made out against the petitioner herein as the accused no. 2 in the Criminal Complaint No. 315/1 qua the alleged commission of the offences punishable under Sections 467/471/120B of the Indian Penal Code, 1860 with it also having been observed vide the said order that a prima facie case was also made out against the said accused no. 2 i.e. the petitioner herein qua the alleged commission of the offences punishable under Sections 467/471 read with Section 120B of the Indian Penal Code, 1860 against the petitioner herein along with the co-accused no. 1.

2. Submissions have been addressed on behalf of the petitioner and on behalf of the State and the complainant.

3. The proceedings before the Trial Court in the Criminal Complaint No. 315/1 were stayed vide order dated 05.01.2016 of this Court, which is still in operation.

4. The complaint in the instant case was submitted by the learned Additional Sessions Judge-05, West District, Tis Hazari Courts, Delhi in his official capacity as a ‘public servant’ within the meaning of Section 21 of the Indian Penal Code, 1860 setting forth the facts to the effect that Smt. Agyawati Sehgal widow of the deceased Sh. Maya Ram Sehgal and Sh. Sanjeev Kakkar and deceased Sh. Maya Ram Sehgal had no issue and had adopted Sh. Surinder Kumar Sehgal, Smt. Asha Sehgal, the wife of Sh. Surinder Kumar Sehgal and the mother of the petitioner herein Sh. Sudhir Sehgal and Ms. Archana Sehgal, the daughter of Sh. Surender Kumar Sehgal had filed a petition bearing Probate Case No. 317/1994 (134/93) for grant of Letters of Administration in the Court of District Judge on 04.05.1993 on the basis of the Will left by the deceased Sh. Maya Ram Sehgal dated 15.04.1968, which was contested by Smt. Agyawati Sehgal (the respondent no. 2) and the wife of the deceased Sh. Maya Ram Sehgal and Sh. Sanjeev Kakkar (the respondent no. 3) and the accused persons had examined three witnesses i.e. PW1 Sh. Amrik Chand Sehgal, PW2 Sh. Baldev Kumar Talwar and PW3 Smt. Asha Sehgal (the accused no. 1) and during trial, PW1 Sh. Amrik Chand Sehgal expired before his cross examination could be recorded. The then learned ADJ vide judgment dated 02.12.1998 whilst dismissing the petition filed by the accused persons arrayed as the accused persons to the Criminal Complaint No. 315/1, held that the Will was forged and fabricated and for forgery of the Will and or giving false evidence before the Court, the petitioners and the witnesses be prosecuted after the judgment attains finality in as much as the copy of the judgment dated 02-12-1998 was attached as Annexure-A to be read as part and parcel of this complaint and thereafter after the dismissal of their petition, an appeal bearing FAO No. 139/1999 titled as Asha Sehgal Vs. State was filed by these three accused persons before this Court, which was dismissed on 19.03.2008, copy of the judgment of this Court dated 19.03.2008 confirming the order of the trial Court dated 02.12.1998 was annexed as Annexure-B and thereafter the Special Leave Petition (Civil) No. 5719/2009 filed by the accused against this judgment dated 19.03.2008 was dismissed on 14.05.2009 by the Hon’ble Supreme Court and thus the judgment dated 02-12-1998 had become final with the way for the prosecution of the accused persons having become clear.

5. As per the complaint, the application bearing M. No. 49/2009 in Probate Case No. 317/1994 (134/93) under Section 340 of the Code of Criminal Procedure, 1