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2014 Supreme(MP) 348

B.D.RATHI
Rakesh Kumar Dubey – Appellant
Versus
State of M. P. – Respondent


Advocates:
Rajesh Shukla for petitioner ; R. K. Awasthy, Public Prosecutor for respondent No.1/State.

ORDER

Rathi, J. -- 1. Present revision has been preferred by the petitioner under section 397/401 of the Code of Criminal Procedure (in short CrPC) assailing the order of the committal passed by the Judicial Magistrate First Class, Dabra, district Gwalior in exercise of powers under section 209 of CrPC in a Criminal Case No.904/2006 on dated 10.4.2014.

2. As per prosecution story, one written complaint was filed on 5.8.1993 to the Director General of Police, Bhopal stating therein that Umadevi W/o Rakesh Kumar Dwivedi had executed one forged and fabricated Will dated 5.1.1993 in respect to the property situated at Dabra which was under the ownership of Keshav Dayal Sharma. This Will was executed by Umadevi who is daughter-in-law of said Keshav Dayal Sharma. On the date of execution of the aforesaid Will, Keshav Dayal was stated to be ill and under treatment and the Will was allegedly executed with the help of other co-accused, namely, Shivshankar, Kaushal Kishore, Ramashankar, Narendra Nath including the present petitioner Rakesh Kumar Dubey. On the basis of complaint, Crime No.166/95 was registered at Police Station Dabra, district Gwalior for the offences punishable under sections









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