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2025 DAILYLAW 31247 (ALL)

RAJESH KUMAR BHANDULA v. STATE OF U.P. AND 3 OTHERS

A227/2668/2025 · 2025-07-31

Nand Prabha Shukla

body2025

Judgment text

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Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 2668 of 2025 Petitioner :- Rajesh Kumar Bhandula Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rupendra Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard Sri Rupendra Kumar Mishra, learned counsel for the petitioner, Sri Devesh Kumar, learned counsel for respondent nos. 2 to 4 and learned A.G.A for the State and perused the record. The main submission of learned counsel for the petitioner is that the petitioner lodged an F.I.R no. 0929 of 2018 under Sections 420, 467, 468, 471 I.P.C.,P.S. Civil Lines, District Moradabad against the respondents accused alleging that the respondents accused were the tenants of the father and in order to evict them a tenancy suit no. 5 of 1993 was filed at the Small Causes Court and tenants had illegally occupied the house and in order to illegally grab the property, the respondent accused got executed a forged will deed on behalf of his father in the name of Radha Krishnaji Virajman Punjabi Mandir, Sambhal on 31/2008 and on the basis of the fabricated will deed the respondent accused claimed their right over the property, hence, the petitioner lodged the F.I.R which resulted in submission of the final report no. 551 of 2018 dated 26.12.2018. Aggrieved by the said order, the petitioner moved a protest petition dated 18.02.2019 before the C.J.M, Moradabad which was rejected vide order dated 07.03.2019 with the direction to register the same as complaint case. During the proceedings of the complaint case, the statement of the complainant and witnesses were recorded under Sections 200 and 202 Cr.P.C and rejected the complaint on 16.11.2022. The revision filed by the petitioner was also rejected. The main submission of learned counsel for the petitioner is that the respondents had filed their written objections before the revisional court giving false facts relating to the will and the revisional court without considering the evidence on record had dismissed the revision filed by the petitioner. From the perusal of records, it transpires that the alleged will stated to have been executed in favour of Radha Krishnaji Virajman Punjabi Mandir, Sambhal. The alleged forged will deed has already been challenged as Original Suit No. 60 of 2018 before the Civil Judge(S.D), Chandausi. As the forged will deed has already been challenged before the court concerned. There is no illegality in the order impugned. No interference is required. With the aforesaid observations, this writ petition is dismissed. Order Date :- 1.8.2025 PS Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad