The court determined that allegations of forgery in a Will can coexist with civil proceedings for administration, allowing release of the original document for forensic examination without hampering civil adjudication.

JUDGMENT :

MINI PUSHKARNA, J.

I.A. 27378/2025

1. The present application has been filed under Section 151 of the Code of Civil Procedure, 1908 (“CPC”), on behalf of the Sh. Rahul Lamba, i.e., the Investigating Officer, (“I.O.”), Police Station, Saket, New Delhi, in FIR No. 311/2025 dated 16^th September, 2025, seeking direction for the release of original Will dated 22^nd November, 2024 for forensic investigation.

2. The present petition has been filed under Section 276 of the Indian Succession Act, 1925 seeking grant of Letter of Administration in relation to the Will dated 22^nd November, 2024 of the Late Sh. Jagdish Pershad Gupta, who expired on 11^th January, 2025. The petitioner is the son of the testator, Late Sh. Jagdish Pershad Gupta, while respondent nos. 2 and 3 are the daughters of the deceased testator.

3. Objection has been raised by the respondent no. 2, that Will dated 22^nd November, 2024 of their father, as propounded by the petitioner, i.e., her brother, is forged and fabricated document. In this regard FIR No. 311/25 dated 16^th September, 2025, has been lodged in Police Station, Saket, New Delhi, under Sections 336 (2)/338/339/340(2)/3(5) of the Bhartiya Nyaya Sanhita, 2023 (“BNS”), upon the complaint filed by respondent no. 2 herein.

4. The petitioner herein has filed a petition being W.P.(Crl.) 3310/2025, titled as “Pradeep Gupta and Others Versus The State of NCT of Delhi and Anr.”, seeking quashing of the aforementioned First Information Report (“FIR”). In the said case, order dated 9^th October, 2025 has been passed by this Court, wherein, it has been specifically directed that the petitioner herein shall join the investigation in the matter. The order dated 9^th October, 2025 in W.P.(Crl.) 3310/2025, reads as under:

“1. Issue notice.

2. Learned ASC and Mr. Pankaj Gupta accept notice on behalf of respondent no. 1 and 2, respectively. They seek time to file their respective response.

3. Prima facie, it appears that the petitioner no. 1 is none other than the brother of the complainant. The complainant sister is aggrieved qua the inheritance of her father’s property after his death and has alleged that her brothers have colluded with each other to prepare a forged Will to oust her qua her inheritance rights.

4. In this peculiar premise, it is deemed appropriate that subject to the petitioners joining investigation, no coercive steps shall be taken against them.

5. List on 03.12.2025.”

(Emphasis Supplied)

5. Since the aforesaid investigation pursuant to the FIR lodged by respondent no. 2 is underway, the present application has been filed by the I.O. on the premise that since there are allegations of forgery of the Will, the original of the same is required by the I.O. for sending to the forensic laboratory in order to ascertain the signatures on the said Will.

6. The aforesaid application is opposed by the petitioner to the extent that the petitioner is agreeable that the police authority can be allowed for forensic examination of the Will, while the same remains in the custody of this Court.

7. Learned counsel appearing for the petitioner submits that the custody of the original Will cannot be given to the police, as the possibility of the original Will being tampered, damaged or lost, cannot be ruled out.

8. Learned counsel for the petitioner relies upon the order dated 07^th August, 2025, passed by this Court in a similar application filed on behalf of r