Neutral Citation No. - 2025:AHC:62009-DB Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 7887 of 2025 Petitioner :- Virendra Singh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar Pandey,Sr. Advocate Counsel for Respondent :- A.K. Mishra,G.A.,Sati Shanker Tripathi Hon'ble Saumitra Dayal Singh,J. Hon'ble Sandeep Jain,J. 1. Heard Mr. Satish Trivedi, Senior Advocate, assisted by Shri Ajay Kumar Pandey, learned counsel for the petitioners; learned A.G.A. for the State and, Mrs. Rama Goyal Bansal, learned counsel for the private respondent. 2. Submission is, according to the F.I.R. allegation, forged power of attorney had been set up by the co-accused Ravindra Gupta. In that document, the petitioners are not marginal witness. On second count, it has been alleged, the forged will of Raj Kumari Pratap Kumari, daughter of the Late Tej Singh has been set up by the co- accused. In that, the photographs and signatures of the testatrix are forged. That deed was presented for registration well after the death of the testatrix, on 22.9.2023. 3. With respect to estate of the deceased Raj Kumari Pratap Kumari, a civil suit being O.S. No. 845 of 2023 is pending consideration before the court of learned Civil Judge (Senior Division), Mathura. In that, first informant filed application seeking impleadment. 4. In such circumstances, in the first place, the petitioners are only attesting witness to the will deed of the testatrix. They have no role to play in any occurrence. That may be described to be a criminal offence. Second, in any case, civil suit proceedings is already pending between the private parties to the dispute. Therefore, no criminal prosecution may be lodged at the same time. 5. Having heard learned counsel for the parties and having perused the record, it is fundamental to this branch of jurisprudence that no finding of fact may be recorded by the court in exercise of its writ jurisdiction at this preliminary stage. Insofar as fact allegations have been made in the F.I.R. pertaining to the genuineness of the will and, in that, allegations exist of forged photographs and signatures of the testatrix and to the extent the petitioners do not dispute to be the marginal witness of such document, all objections being raised may remain to be investigated upon examination of the original documents, etc to examine the extent of forgery and the role of individual participants. In that, we further note, one occurrence may give rise to both civil and criminal liabilities. 6. In such facts, we are not inclined to exercise our discretionary jurisdiction at this stage. 7. Accordingly, the present writ petition is rejected. Order Date :- 23.4.2025 Prakhar (Sandeep Jain, J.) (S.D. Singh, J.) Digitally signed by :- PRAKHAR SRIVASTAVA High Court of Judicature at Allahabad