High Court of Punjab and HaryanaCRM-M/43659/2018dismissed

Lakhbir Singh And ORS v. State Of Punjab And ORS

2018-10-04Mr. Justice Arvind Singh Sangwan2 pages

CRM-M-43659-2018 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-43659-2018 Date of decision: 04.10.2018 Lakhbir Singh and others ....Petitioners

Versus

State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:

Mr. M.S. Bal, Advocate for the petitioners.

****** ARVIND SINGH SANGWAN, J. (Oral) Prayer in this petition is for issuance of directions to respondents No.1 & 2 to take legal action against respondents No.4 & 5. Petitioner No.1 has got a Will dated 12.04.2005 registered on 11.04.2018 i.e. after a lapse of about 13 years, pertaining to the estate of his grandfather Jarnail Singh, who died on 11.03.2006. Learned counsel for the petitioners has submitted that after registration of the Will, respondents No.4 & 5 have approached the police authorities that the petitioners have played fraud by getting the aforesaid Will registered in the year 2018 and the police is conducting enquiry. Prayer in this petition is that legal action be taken against respondents No.4 & 5, as petitioner No.1 himself has filed a civil suit for VISHNU 2018.10.04 16:40 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M-43659-2018 -2declaration, based on the aforesaid Will.

On the face of it, it is petitioner No.1, who has perpetuated the fraud by getting the Will registered in his name, ousting respondents No.4 & 5 and when the police is enquiring the matter, present petition has been filed.

Even a perusal of the plaint shows that the Will, which was executed by aforesaid Jarnail Singh on 03.03.2005, was stated to be a forged document, on the basis of present Will, which is allegedly registered in the year 2018, much after the death of Jarnail Singh. From a bare perusal of the petition as well as the civil suit, no cognizable offence is made out against respondents No.4 & 5. Dismissed.

[ ARVIND SINGH SANGWAN ] 04.10.2018 JUDGE vishnu Whether speaking/reasoned Yes/No Whether reportable Yes/No VISHNU 2018.10.04 16:40 I attest to the accuracy and authenticity of this document High Court, Chandigarh