Criminal proceedings cannot supersede pending civil matters; ongoing civil disputes should not be criminalized unless substantial evidence exists.

JUDGMENT :

ABDUL SHAHID, J.

1. Heard Sri Mohd. Samiuzzaman Khan, learned counsel for the revisionists, learned AGA for the State and Sri Shiv Sagar Singh, assisted by Sri Mayank Upadhyaya, learned counsel appearing for opposite party no.2.

2. This criminal revision is preferred against the order dated 6.1.2025, passed by the Additional Chief Judicial Magistrate, First, Gorakhpur in Case No. 121071 of 2021 (State Vs. Chandra Prakash Yadav and others) arising out of case crime No. 375 of 2019, under Section 419, 420, 467, 468 and 120-B IPC, Police Station Gorakhnath, District Gorakhpur.

3. The brief contents of the case is that the First Information Report of the incident was lodged on 13.10.2019, at case crime No. 375 of 2019, under Sections 419, 420, 467, 468, 471 IPC. The named persons in the FIR are (1) Ravindra Kumar Singh, (2) Arvind Nagpal, (3) Sanjay Nagpal, (4) Chandra Prakash Yadav, (5) Sushil Narula, (6) Salim Khan, (7) Shamsher Singh Yadav, (8) Ram Pal Yadav and (9) Pramod Kumar Bhandari.

4. The complainant, Hariom Gupta/opposite party no.2 has lodged F.I.R., stating that the Sri Triloki Nath Gupta, husband of Smt. Ramrati Gupta, died on 9.5.2001. Smt. Ramrati Gupta had adopted Satish Kumar Gupta, brother of the complainant, way of registered adoption deed dated 21.11.2001. Complainant/Hariom Gupta, alongwith his brother Ashish Gupta and Satish Gupta were consistently looking after the affairs of movable and immovable properties of Smt. Ramrati Gupta during her life time. Now, Satish Gupta is doing coaching for post-graduate at Kanpur after completion of his MBBS. During the life time of Smt. Ramrati Gupta, she appointed several persons for looking after all affairs of her properties at Kanpur and Gorakhpur. She had appointed Ravindra Kumar Singh at Kanpur, who after gaining confidence of her, had obtained signature of Smt. Ramrati Gupta on printed and on some blank papers. He had mala fide intention to use those blank documents. Smt. Ramrati Gupta due to her old age, executed a registered will dated 11.1.2017 for all her moveable and immoveable properties in favour of Hariom Gupta/complainant, his brother Ashish Gupta and Satish Gupta. She had previously executed a registered will dated 24.10.2016, which she had cancelled and finally executed her will dated 11.1.2017. Ravindra Kumar Singh with his mala fide intention to grab the property of Smt. Ramrati Gupta with collusion of Arvind Nagpal, Sanjay Nagpal, Chandra Prakash Yadav, Sushil Narula, had framed a forged will of Smt. Ramrati Gupta. Said Ravindra Kumar Singh had presented that forged will in different institutiond and departments to grab all the properties of Smt. Ramrati Gupta and claimed himself as owner, hence he filed the present complaint. Salim Khan, Shamsher Singh Yadav had also conspired with Ravindra Kumar Singh in that mala fide act. Smt. Ramrati Gupta died on 9.3.2017. After death of Smt. Ramrati Gupta, Ravindra Kumar Singh had further aggravated use of forged will alongwith Arvind Nagpal, Sanjay Nagpal, Chandra Prakash Yadav, Sushil Narula and Salim Khan and witnesses of fabricated will, Ramphal Yadav and Pramod Kumar Bhandari.

5. After investigation, charge sheet has been filed against Ravindra Kumar Singh, Arvind and Sanjay Nagpal on 22.11.2020. A supplementary charge sheet was also filed against rest of the accused.

6. The revisionists had filed an application for discharge on 12.9.2024 with the contention that the investigation is false and fabricated. The Investigating Officer after collecting all the evidences had not sent them for verification to Forensic Science Laboratory. He did not seek any o