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2021 Supreme(Raj) 1109

MAHENDRA KUMAR GOYAL
Satish Badaya – Appellant
Versus
State of Rajasthan – Respondent


Advocate Appeared:
For the Appellant :Deepak Chauhan, Vishal Pareek, Abhinav Bakolia and Shubham Khunteta, Advocates
For the Respondents:F.R. Meena, P.P. and Gaurav Gupta, Advocate

JUDGMENT :

Mahendra Kumar Goyal, J.

1. This criminal miscellaneous petition under Section 482 CrPC has been filed for quashing the FIR No. 0289/2019 dated 29.05.2019 registered at Police Station Chitrakoot, District Jaipur (West) for the offences under Sections 420, 406, 467, 468, 471 & 120-B of I.P.C.

2. Learned counsel for the petitioner submitted that the complainant/respondent No. 2 has filed a suit for partition and permanent injunction against him in the Court of learned District Judge, Jaipur Metropolitan, Jaipur wherein, in his written statement filed on 20.08.2018, he has specifically averred that Late Shri Radheshyam Badya, their father, has executed a Will dated 14.04.2016 of the house in question in his favour. He submitted that thereafter, the complainant filed an application under Order 6 Rule 17 CPC seeking amendment in the plaint wherein he has specifically averred that five documents including the Will in question, were forged by the petitioner (defendant No. 2), his wife and their late father. He, therefore, submitted that thereby the complainant has admitted that the Will was executed by their late father. Learned counsel submitted that thereafter with much delay, t

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