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1989 Supreme(P&H) 904

A.P.CHOWDHRI
Gurmel Singh – Appellant
Versus
Sub Divisional Magistrate, Phul – Respondent


Judgment

A.P.Chowdhri, J.

1. This is a petition under section 482 of the Code of Criminal procedure for quashing proceedings under section 145 and order under section 146 of the Code of Criminal Procedure (hereinafter referred to as the Code) passed by the learned Sub Divisional Magistrate, Phul. The material facts are as follows.

2. One Niranjan Singh died on 29-1-1988. He left behind landed property. He was survived by Sham Kaur widow and adopted son Gurmail Singh, adopted sons wife and son Gurmail Singh is the real nephew i.e. real brothers son of Niranjan Singh. Niranjan Singhs real brother i.e. real father of Gurmail Singh, namely. Bhagwan Singh his three other sons namely Gurdev Singh, Balwinder Singh and Ruldu Singh. They are respondent Nos. 2 to 4 The widow, adopted son and adopted sons wife and son are the petitioners. After the death of Niranjan Singh, the petitioners pro pounded a registered will dated 9-9-1982 while private respondents propounded an unregistered will dated 16-6-1987. The learned Collector rejected both the wills and entered mutation of the estate of Niranjan Singh in favour of his widow Sham Kaur, one of the petitioners herein. The private respondents fi






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