Allahabad High Court Judgment.
Disputed will – Validity of the disputed will can only be: determined by a civil court
IPC – S.419, 420, 467, 468 & 471 – CRPC – S.245, 397 & 401 – discharge application filed by the accused – The prosecution’s case rests on the disputed will, challenging its validity. Upon examining the evidence and reviewing the impugned order, it is clear that the revisionist/complainant had already on tested the will before the consolidation authorities and the High Court, but no adverse findings against the will have been recorded. Moreover, the validity of the disputed will can only be determined by a civil court, which has not yet declared it invalid. It is a well-established legal principle that unless a competent court questions the validity of a document, criminal proceedings for forgery based on that document cannot continue. The court found no illegality or flaw in the impugned order, and thus no reason to interfere. As a result, the discharge application was rightly allowed, and the revision was dismissed.
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