RAVI NATH TILHARI
Jai Prakash Gupta – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Rajesh Yadav, learned counsel for the applicant and Sri Kshitiz Shailendra, learned counsel for the opposite party no.2 and learned AGA appearing for the State and perused the material brought on record.
2. This application under Section 482 of the Code of Criminal Procedure (Cr.P.C.) has been filed with prayer to quash the entire proceeding of Criminal Case No.16323 of 2016 (State Vs. Jai Prakash Gupta and others), pending in the court of Additional Chief Judicial Magistrate, Court No.3, Moradabad, under Sections 420, 467, 468, 471, IPC, arising out of Case Crime No. 743 (wrongly typed as 747) of 2015, Police Station Majhola, District Moradabad. Further prayer is to quash the charge-sheet dated 15.07.2016 and cognizance order dated 01.10.2016 passed in the said case.
3. Briefly stated the facts of the case as per the pleadings exchanged in the case, are that one Ashwani Kumar Bansal, father of opposite party no.2 is said to have executed an unregistered will in favour of Jai Prakash Gupta, the applicant on 25.07.2007, which was later on registered on 15.10.2013, under Section 40 of the Indian Registration Act, before the Sub-Registrar, Tehsil Tanda, District R
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