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RAKESH KUMAR versus STATE OF U.P. AND ANOTHER

High Court of Judicature at Allahabad

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Rakesh Kumar v. State Of U.P. And Another - APPLICATION U/s 482 No. 4702 of 2007 [2007] RD-AH 9665 (21 May 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No.11

Criminal Misc. Application No. 4702 of 2007

Maqsood Alam  @ Sabbu Vs. State of U.P. and another.

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Hon'ble V.D.Chaturvedi, J.

This petition under section 482 Cr.P.C. is filed to quash the order dated 8.12.2006 whereby the petitioner was summoned on a complaint.

The complaint alleges that the petitioner have manufactured a fake Will purported to be executed by Ummatul Nisa in favour of Johra Khatoon. The process was issued on the basis of the statement of the complainant Mohd. Mustafa, Dhruva Narain and Rama Shanker. The petitioner's counsel stated that Sita Ram and Sri Niwas the witnesses of the will were not examined by the complainant before issuing the process.

The process under section 204 Cr.P.C. may be issued if there is prima facie sufficient material to proceed. The meticulous examination of the statements of the witnesses was not desirable before issuing the process. No ground to admit the petition is made out. The petition is dismissed.

However, the petitioner may put his claim at the stage of framing of charge. The request of the petitioner's counsel to appear in the court below only through counsel is rejected. The petitioner is desired to put his appearance in the court below within 15 days.

Dt.21.5.2007

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