1998 Supreme(Raj) 1334
G.L.GUPTA
Khuman Singh – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
1. - This Misc. petition is directed against the order passed by the learned Special Judge cum Addl. Sessions Judge, Udaipur dated 18.6.98 whereby she upheld the order of the Judicial Magistrate dated 4.4.98 rejecting the application of the petitioners under section 195(1)(b)(ii) Cr.P.C.
2. The relevant facts are that Karan Singh filed a complaint on 26.7.90 in the court of Judicial Magistrate, Udaipur alleging that the petitioners have forged a will purported to have been executed by Smt. Bhoor Kanwar on 10.5.87 in their favour in respect of Khatedari land situate at Village-Guda. It was stated that Bhoor Kanwar who was his sister had already executed a will in favour of the complainant on 13.11.79. It was further stated that the complainant came to know about the forgery when on the death of Bhoor Kanwar she went to the Patwari for mutation in his name and the Patwari told him that Khuman Singh (Petitioner No. 1) had already filed a will dated 10.5.87 and the land has been entered in his name. It was prayed in the complaint that the petitioners be punished under section 467, 468, 471, 420 and 120-B IPC. This complaint was sent to Police Station Gogunda under section 156(3
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