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| HC quashes FIR in cheating case | | | EARLY TIMES REPORT
JAMMU, Jan 28: Justice Sanjay Dhar of J&K High Court Jammu Wing has quashed the FIR 49/2019 dated 14.10.2019 for offences under Sections 420 / 465 /467 / 468 / 471 /120-B RPC registered with Police Station, Crime Branch, Jammu.
While quashing the FIR, Justice Sanjay Dhar after hearing Adv Virender Bhat for the petitioners observed that it becomes clear that it is not legally permissible for respondent No. 1 to undertake investigation with regard to genuineness of the Will in question which has been proved to be genuine by the competent Court, particularly when the probate granted by the competent Court in respect of the Will in question has not been revoked or altered till date. The judgment of the Probate Court in respect of the validity of the will being conclusive and binding on all persons, it is not open to respondent No.1 to go behind it in these proceedings. Merely because, during the preliminary verification of the case, handwriting expert has rendered his opinion that the signatures of the testator on the Will in question appear to be not genuine, is not a reason good enough to register the FIR, particularly when the marginal witnesses to the Will in question have deposed with regard to the genuineness of the Will before the Probate Court and a finding regarding genuineness of the will has been recorded by the said Court.
With these observations, Justice Sanjay Dhar observed that continuance of criminal proceedings against the petitioners in the facts and circumstances of the case would amount to an abuse of process of law because the same would militate against the legal status of conclusiveness of genuineness of the will which stands probated by the orders of a competent Court. The case at hand is, therefore, fit one where this Court should exercise its inherent powers under Section 561-A of J&K Cr.P.C, which is in pari materia with Section 482 of Central Cr.P.C to quash the impugned FIR. Accordingly, the petition is allowed and the impugned F.I.R as well as the proceedings emanating therefrom are quashed.
This significant order has been passed in a petition filed by Saqib Ali Shah, Shahzad Kamran Shah and others seeking quashment of FIR No. 49/2019 dated 14.10.2019 for offences under Sections 420/465/467/468/471/120-B RPC registered with Police Station, Crime Branch, Jammu.
—JNF |
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