Raghbir Singh v. Abansh Kaur And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Criminal Misc. A-420-MA of 2015 Date of Decision : May 07, 2015 Raghbir Singh ....Applicant

Versus

Abansh Kaur and another .....Respondents CORAM :

HON'BLE MR. JUSTICE T.P.S. MANN HON'BLE MR. JUSTICE MAHAVIR S. CHAUHAN Present :

Mr. Ashok Kumar Arora, Advocate for the applicant.

T.P.S. MANN, J.

The complainant has filed the present application seeking leave to appeal against the judgement dated 16.12.2014 passed by the Judicial Magistrate Ist Class, Amritsar, whereby the respondents were acquitted of the charges under Sections 467, 468, 471 and 120-B IPC. Having heard learned counsel for the applicant, this Court finds that though according to the complainant, Will dated 25.4.1995 was a forged document, yet no documentary evidence, either in the shape of original Will dated 25.4.1995, nor secondary evidence by way of photocopy or certified copy or attested copy of the alleged forged Will had been placed on the record. Further more, the civil Court did not give any finding that the Will in question was a forged document. It only concluded that the Will propounded by respondent-Abansh Kaur was not free from suspicious circumstances. Even the transfer deed PARMESHWAR DUTT SHARMA 2015.05.13 10:19 I attest to the accuracy and authenticity of this document Chandigarh

Criminal Misc. A-420-MA of 2015 -2dated 16.1.2007 said to have been executed by Abansh Kaur subsequent to dismissal of her suit, in favour of respondent-Tarlochan Singh has not been brought on record by the complainant.

In view of the aforementioned, no case is made out for any interference in the impugned judgment of acquittal passed by the trial Court. The application is without any merit and resultantly, dismissed. Leave to appeal is declined.

(T.P.S. MANN) JUDGE (MAHAVIR S. CHAUHAN) JUDGE May 07, 2015 pds.

PARMESHWAR DUTT SHARMA 2015.05.13 10:19 I attest to the accuracy and authenticity of this document Chandigarh