( 1 ) THIS is an application by Vindhya Basini Prasad and 14 others against the order dated 2-11-1979 of Sri S. S. Gupta, IV Additional Sessions Judge (Special Judge) Varanasi in Criminal case No. 1 of 1977 in which he rejected the application 56 Kha and held that the suit was not barred by Section 195 (1) (b), Cr. P. C.

( 2 ) THE facts involved in this case may be briefly stated. Bindeshwari was the only son of one ram Karan, who had five other daughters. Ram Karan executed a registered will on 3-4-1961 in favour of Bindeshwari in respect of his property. After the death of Ram Karan on 26-10-1961 the name of Bindeshwari was mutated on his property and also in consolidation proceedings which started in 1964 and chaks were allotted to him and some of the agricultural plots in village dhanpur and Dhanpatti allotted to him were also sold by him. In 1969 Bindeshwari died leaving behind his pregnant widow Smt. Sushila Devi as his sole heir, It was alleged that after the death of Bindeshwari Shitla Prasad, brother-in-law of Bindeshwari and Bmdhyawasini Tewari real brother of Jwala Prasad, husband of Smt. Sushila, another sister of Bindeshwari in collusion with virendra B