JUDGMENT

Najmi Waziri, J. (Oral)

CRL. L.P. 757/2018 & CM Nos. 47526/2018

1. This Criminal Leave Petition under section 378(4) read with Section 482 of the Code of Criminal Procedure, 1973 is against the impugned judgment dated 07.09.2018 passed by the learned Metropolitan Magistrate, thereby acquitting the accused for offences punishable under sections 467, 468 and 471 of the Indian Penal Code, 1860.

2. The Trial Court held that the Civil Court merely observed that the accused failed to prove the Will in his favour and also that there is no finding regarding the forgery of the disputed Wills. It further held that for convicting the accused for offences punishable under sections 467/468 IPC, the court needs evidence demonstrating that the accused himself had made the false Wills.

3. The petitioner submits that the accused no 1-Satish Chandra Arora filed a probate petition on the basis of a Will dated 14.01.1990 allegedly executed in his favour by late Sh. Bihari Lal in respect of property bearing no. G1A, Kalkaji, New Delhi; Accused no 2- Subhash Chandra also filed a probate petition on the basis of another will dated 22.02.1990 allegedly executed in his favour by late Sh. Bih