The validity of a will, once corroborated by expert analysis, negates claims of forgery, warranting dismissal of further investigations.

JUDGMENT

Manoj Kumar Ohri, J. (Oral)

CRL.M.A. 19661/2021 (Exemption)

Allowed, subject to all just exceptions.

The application stands disposed of.

CRL.M.C. 3186/2021

1. The present petition has been filed under Section 482 Cr.P.C. on behalf of the petitioner seeking setting aside of the order dated 04th February, 2020 passed by the learned Additional Sessions Judge-02, E-Court, Shahdara, Karkardooma Courts, Delhi in CRL.(R) No. 55/2019 arising out of FIR No. 377/2009 registered under Sections 420/34 IPC at P.S. Anand Vihar, Delhi, and the order dated 3rd June, 2019 passed by the learned ACMM, Shahdara, Karkardooma Courts, Delhi in the said FIR. Vide order dated 3rd June, 2019, the petitioner's protest petition filed against the cancellation report was dismissed by the learned ACMM and the said order was upheld by the learned ASJ vide order dated 4th February, 2020.

2. Brief facts of the case are that the present FIR came to be registered on 22nd August, 2009 at the instance of the petitioner against his mother Smt. Ved Kumari, his brothers Sh. Mohan Dutt Sharma, Sh. Vijay Dutt Sharma and Sh. Yag Dutt Sharma, and others, namely Smt. Poonam Sharma (w/o Sh. Mohan Dutt Sharma) and Pramila. In the said FIR, it was alleged that the aforementioned accused persons had entered into a conspiracy and got transferred one industrial plot bearing No. 2220, Pocket I, Narela, New Delhi, which was allotted to the petitioner's father Late Sh. B.D. Sharma, in the name of his mother Smt. Ved Kumari, by executing a forged and fabricated Will of Late Sh. B.D. Sharma, to the exclusion of the petitioner and his elder brother Sh. D.D. Sharma. It was further alleged that besides the aforesaid property, certain shares, bank account and other properties were also got transferred on the basis of forged documents, on which forged signatures of Late Sh. B.D. Sharma were appended. The petitioner had also alleged that Smt. Ved Kumari had filed a false affidavit dated 19th December, 2000 before the DSIIDC, wherein the names of legal heirs of Late Sh. B.D. Sharma were not properly mentioned, as the names of the petitioner and his elder brother Sh. D.D. Sharma were deliberately dropped.

During investigation, the aforesaid Will, alongwith admitted signatures of Late Sh. B.D. Sharma, was sent by the Investigating Officer to FSL. On receipt of the FSL Report, a cancellation report came to be filed, primarily on the ground that the signatures on the aforesaid Will were opined to be original. Aggrieved by the same, the petitioner preferred a protest petition dated 30th July, 2016, which was dismissed by the learned ACMM and the cancellation report accepted vide order dated 3rd June, 2019. A revision petition was filed by the petitioner against the order of the learned ACMM, but the same also came to be dismissed vide the impugned order dated 4th February, 2000.

3. Mr. Sudeep Dey, learned counsel for the petitioner, submits that in the complaint, it was alleged that the petitioner's father Late Sh. B.D. Sharma owned an industrial plot bearing No. 2220, Pocket I, Narela, New Delhi, which was got transferred from DSIIDC in the name of the petitioner's mother on the basis of a false affidavit and a forged and fabricated Will. He further submits that at the time of his demise, Late Sh. B.D. Sharma was survived by six legal heirs, but only four were named in the aforesaid affidavit by Smt. Ved Kumari and the names of the present petitioner as well as his elder brother Sh. D.D. Sharma were deliberately not mentioned as legal heirs of Late Sh. B.D. Sharma. Learned counsel also submitted that Smt. Ved Kumari later on submitted a rectified affidavit mentioning the names of all the legal heirs. He further submitted that it was also alleged in the complain