JUDGMENT :

Hon'ble Saurabh Shyam Shamshery, J.

1. Applicants are aggrieved by impugned order dated 02.12.2023 passed by Chief Judicial Magistrate, Firozabad in Complaint Case No. 22712 of 2022 (Dev Kumar vs. Santosh Kumar Sharma and others), under Sections 304, 420 IPC, Police Station Shikohabad, District Firozabad, whereby they have been summoned to face trial.

2. Complainant has initially lodged a FIR for offence under Sections 467, 468, 420, 302 IPC that applicants who are his brother and Bhabhi have committed offence of cheating and forgery whereby they have forcefully took signatures and thumb impressions of his father and executed a Will on 27.01.2017 in their favour in exclusion of Complainant and under unnatural circumstances on very next day, his father died on 28.01.2017.

3. After investigation in aforesaid FIR, a final report was submitted. At that stage further investigation was directed by Police Officials, however, again a final report was submitted that there was no reason to take a contrary view to earlier final report.

4. A protest petition thereafter was filed by Complainant, which was treated as a complaint and thereafter statements of Complainant and other witnesses