Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 6433 of 2025 Court No. - 91 HON'BLE ABDUL SHAHID, J.
1. Case called out in revised list.
2. Heard learned counsel for the revisionist and the learned AGA for the State.
3. By means of this criminal revision, the revisionist has challenged the impugned judgment and order dated 12.9.2025, passed by the Judicial Magistrate-III, Saharanpur in Misc. Case No. 317/2025 ( Vishnu Dutt Vs. Sushil Kumar Sharma and others), whereby the application filed by the revisionist under Section 173(4) of BNSS has been rejected.
4. Learned counsel for the revisionist has submitted that the application of the revisionist under Section 173(4) of BNSS has wrongly been rejected. He has submitted that the opposite party no.2-Sushil Kumar Sharma, who is the real brother of the revisionist has fabricated a forged will dated 21.6.2008, which is enclosed at page nos. 52 to 55 of the paper book. Learned counsel for the revisionist has also submitted that the revisionist has filed a suit for cancellation of said will before the competent court. He further submitted that there is another will dated 21.6.2008 which is a registered will, which is appended at page nos. 62 to 65 of the paper book.
5. From perusal of the record shows that the allegation of the complainant before the trial court was that the opposite party no.2 are trying to take possession of the entire property of his father. The record further shows that the matter is purely of civil nature and a suit for cancellation of will is Versus Counsel for Revisionist(s) : Ram Prakash Counsel for Opposite Party(s) : G.A. Vishnu Dutt Sharma .....Revisionist(s) State of U.P. and Another .....Opposite Party(s)
already pending. The matter appears to be a purely of civil in nature and the application under Section 173(4) appears to have been filed to give colour of criminality.
6. Accordingly, this criminal revision having no force and is liable to be dismissed.
7. The revision is dismissed. October 15, 2025 sfa/ CRLR No. 6433 of 2025 2 (Abdul Shahid,J.) Digitally signed by :- SYED FAHEEM AHMAD High Court of Judicature at Allahabad