IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE MISC. CRIMINAL CASE No. 51409 of 2023 SMT. NANDITA SINGH Versus RANJEET ALIAS BHAIYYU MOHITE AND OTHERS Appearance:

Shri N.K. Gupta- Senior Advocate alongwith Shri Prashant Sharma &

Shri Bhagwan Das Jain- Advocates for petitioner.

Shri V.K. Bhardwaj- Senior Counsel alongwith Shri Shyam Kumar Sharma - Advocate for respondent No.1.

RESERVED ON :- 27/11/2025 DELIVERED ON :- 8/12/2025 ORDER The present petition, under Section 482 of the Code of Criminal Procedure, has been filed by the petitioner seeking quashment of order dated 20.10.2023 passed by the Second Additional Sessions Judge, Gwalior in Criminal Revision No.97 of 2023, whereby the revision preferred by respondent no.1 was allowed by setting aside the order dated 28.02.2023 passed by the Judicial Magistrate First Class, Gwalior.

The necessary facts for adjudication of the present petition, in short, are that the complainant–respondent No.1 had filed a private complaint alleging that he is a blood relative of late Vijay Singh Mohite, who died issue-less on 11.05.2002, and he is entitled to inherit his movable and immovable properties. Respondent No.1 asserted therein that he had already filed a Civil Suit No.533-A/2017 before the Civil Judge Class-I, Gwalior, seeking declaration that the Will dated 04.04.2002 allegedly executed by Vijay Singh Mohite was forged and fabricated. It was further alleged in the complaint that the present petitioner, claiming herself to be the adopted daughter of late Vijay Singh Mohite, forged a Will dated 04.04.2002 by imitating the signature of the deceased with the assistance of accused no.2– Aditya Patankar and one late Govind Das Bansal (attesting witnesses). It was further alleged that the Will bears a true-copy attestation dated 24.06.2002 by Notary Advocate B.D. Shivhare, although Vijay Singh Mohite had already passed away on 11.05.2002. Respondent No.1 alleged that the petitioner relied on this forged Will to secure mutation of property in Tehsil proceedings and submitted forged affidavits, statements and documents. The Trial Court recorded statements under Sections 200 and 202 Cr.P.C., obtained an inquiry report from Police Station Bahodapur, and upon appreciation of material, dismissed the complaint as civil in nature, not warranting criminal prosecution. Vide order dated 20.10.2023, the Revisional Court, however, reversed the finding and remanded the matter for additional inquiry, directing the Magistrate to examine the handwriting expert and consider additional documents, if filed.

Being dissatisfied with the impugned order passed by the learned Revisional Court, it is contended by Shri N.K. Gupta- Senior Advocate alongwith Shri Prashant Sharma & Shri Bhagwan Das Jain- Advocates for petitioner that the petitioner was brought up as an adopted daughter by late Vijay Singh Rao Mohite, which is reflected in his last statement in the Will (Annexure P-3). All official and school records bear the name of Vijay Singh Mohite as her father. The deceased solemnised her marriage and she performed his last rites in the presence of the community. On the basis of the Will, mutation was effected in 2002 and has been consistently sustained in multiple forums. Civil suit judgments (Annexures P-4, P-5, P-13, P-14) demonstrate that the petitioner’s rights under the Will have been upheld in various litigations including revenue and civil proceedings.

It was further contended that the complainant–respondent No.1 has no blood relation with the deceased and is attempting to use litigation as a tool to harass the petitioner. One Rajkumar Dhaple earlier filed a similar complaint (Annexure P-6) which was closed after inquiry, finding no forgery. Inquiry report dated 09.04.2022 from Police Station Bahodapur records that the allegation of signatures being notarized on 24.06.2002 is false and the said date refers only to true-copy attestation, not notarization of the Will