Professional Documents
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ADVOCATE-ON-RECORD)
I hereby declare that I have personally verified the petition and its
contents and it is in conformityy with the Supreme Court Rules
2013. I certify that the above requirements o f this Check List have
been complied with, I further certify that all the documents
necessary for the purpos of hearing of the matter have been filed.
Signature--
AOR'S Name:
pate:
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
ORDER XXII RULE 2 (1)
(Under Article 136 of Constitution of India)
SPECIAL LEAVE PETITION (CRL.) NO OF 2024
(Arising out of Impugned Judgment & Final Order
dated 05.12.2023 passed by the Hon’ble High Court of
Delhi at New Delhi in Crl. Misc. 1303/2024 & Crl. M.A.
4416/2014)
Versus
WITH
PAPER BOOK
(FOR INDEX PLEASE SEE
INSIDE)
Part I Part II
(Content (Content
s of s
Paper of file
Book) alone)
(i) (ii) (iii) (iv) (v)
Court Fees
1 O/R on Limitation A
2. Listing Proforma A1-A2 A1-A2
3. Cover Page of Paper A2
Book
4. Index of Record of A3
Proceedings
5. Defect List A4
6. Note Sheet NS1 to
7. Synopsis and List of B-G H-V
Dates
8. Arising out of 1-
Impugned Judgment 26
& Final Order dated
05.12.2023 passed by
the Hon’ble High Court
of Delhi at New Delhi
in Crl. Misc.
1303/2024 & Crl. M.A.
4416/2014
9. Special Leave Petition
with affidavit 27-41
10 Annexure-P/1 True
copy of the “Deed of 42-43
Dedication” dated
07.08.1987 which was
notarized and
executed by the
testator on
21.12.1993 in the
presence of his two
daughters
11 Annexure-P/2
True copy of the Will 44-47
dated 10.05.1996
12 Annexure-P/3
True copy of the 48-52
Probate Petition No.
90 of 2003
13 Annexure-P/4
True copy of the FIR 53-61
No. 171/2006
15 Annexure-P/5
True copy of the
62-81
Chargesheet dated
06.08.2007
16 Annexure-P/6
True copy of the
opinion of handwriting 82-108
expert dated
01.12.2007
17 Annexure-P/7
True copy of the
opinion of handwriting 109–110
expert dated
01.07.2008
18 Annexure-P/8
True copy of the order 111-116
dated 18.02.2010
passed by the
19 Annexure-P/9
True copy of the order 117-118
dated 11.02.2011
passed by the
20 Annexure-P/10
True copy of the order
119-164
dated 27.09.2013
passed by the
21 Annexure-P/11
The Respondent No. 1
filed Crl. MC 1303 of 165-206
2014 dated
26.02.2014
22 Annexure-P/12
True copy of the Order
sheet of the mediation 207
center dated
24.09.2019 of the
Hon’ble High Court
23 Application for
Exemption from filing
certified copy in the 208-210
impugned order
24 Application for C/delay
211-213
in filing SLP
16 F/M
17 V/A
RECORD OF PROCEEDINGS
Versus
BRANCH OFFICER
NEW DELHI
DATED : 10/07/2024
A-1
LISTING PROFORMA
SECTION: II
□ Section : NA
□ Rule No(s): NA
□ Section: NA
□ Rule No(s): NA
□ Impugned Interim Order : (Date) NA
□ Impugned Final Order/Decree : 05.12.2023
□ High Court: (Name): The Hon’ble High Court of Delhi
at New Delhi
□ Names of Judges: Hon’ble Mr. Justice Amit Sharma
□ Tribunal/Authority ; (Name) NA
1. Nature of matter : □ Criminal
2. (a)Petitioner/appellant No : Amarnath Ghosh Dastidar
(b) e-mail ID: NA
(c) Mobile phone number: NA
3. (a) Respondent No. 1: Bimalendu Ghosh Dastidar & Ors.
(b) e-mail ID: NA
Date:
10/07/2024
High Court of Delhi at New Delhi in Crl. Misc. 1303/2024 & Crl. M.A.
final order”). That vide the impugned judgment the Hon’ble High
Court dismissing the application of the Petitioner u/S 309 CrPC and
Sessions Court which upheld the settled law by stating that the
That the Petitioner and the Respondent No. 1 are both senior
which was as per the Petitioner, was executed by their father Late
C
Sh. Amulya Chandra Ghosh @ A.C. Ghosh whereby the father had
“Said Property”.
a lease hold property, namely the “Said Property”. That the “Said
“Said Property” the Petitioner herein to raise the first floor on the
witnesses one being his doctor over the years and the other his
his parents, sent a copy of the Will dated 1996 under UPC to his
brother and sisters and also informed them over phone about this
with the intention to get the “Said Property” mutated in his favour
executed by Late Sh. A.C. Ghosh in Tis Hazari Court, Delhi, which
the “Said Property” the mother only had right to residence and not
herein filed a complaint to the EOW cell of Delhi Police who despite
court. An FIR bearing No. 171 of 2006, P.S. CR Park, under section
Probate proceedings.
Ld. Sessions Court vide Crl. Rev. No. 59 of 2012 and Rev. Petition
No. 61 of 2012. After several hearings, the Ld. Sessions Court gave
order and held that “….In the result, this court of the considered
Probate proceedings.”
floor.
Annexure P/1(Pages )
Annexure P/2(Pages )
P/3(Pages )
Annexure P5(Pages ).
P7(Pages )
Annexure P8(Pages )
Petitioner herein.
various judgments.
Annexure P9(Pages )
R
05.05.2011 That a Crl. Rev. Petition bearing No. 228 of
Annexure P10(Pages )
Annexure P11(Pages )
with law.….."
Saxena, Advocates
Versus
CORAM:
JUDGMENT
2
AMIT SHARMA, J.
Hazari, Delhi.
as under:
EOW).
ii. It is the case of the petitioner that his father, late Sh. AC Ghosh
Ghosh Dastidar.
present petitioner.
On being served with the notices of the said probate case, the
fabricated will.
v. That report from GQD was sought and it came on record that
the will before the Probate Court was allegedly forged. After
dated 11.10.2007.
would continue but the learned Trial Court would not pass a
Sessions Court.
despite the specific orders by this Court, the learned ASJ passed
the court is such that it may not fructify in the actual trial of
complaint.
and where the logic leads down a path that is beset with
turn aside and seek the pragmatic solution that will best
29. Dr. Singhvi has also urged that since we are dealing with
other instrument.
likelihood of embarrassment.
13
that criminal justice should be swift and sure; that the guilty
in this case we are of the view that the civil suits should be
charges were framed by the learned Trial Court and the impugned
for stay of the proceedings till the decision of the Civil court
petition against the orders which were disposed off vide order
Court shall not pass final orders till the decision of the probate
and ensuring that the case does not reach its conclusion. It was
and the criminal complaint are most relevant to decide whether the
of the probate case. Reliance was placed on Sardool Singh & Anr.
v. Smt. Nasib Kaur, 1987 Supp SC 146, Ravinder Kumar Jain & Ors.
West Bengal & Anr., 2023 INSC 86 and State of Andhra Pradesh v.
7. Heard learned counsel for the parties and perused the record.
judgment, was exercising the powers under Section 399 read with
Section 401 of the CrPC. The learned ASJ, while exercising such
the record of which has been called by the learned Sessios Judge,
the latter may exercise any of the powers which may be exercised
by the High Court under Section 401(1) of the CrPC, which provides
as under:
by section 392.
appeal, or may –
according to law;
168
such order;
and 391 of the CrPC provide for arrest of the accused in an appeal
from acquittal and for power of the appellate court to take further
21
held as under:
reasoning:-
and it would definitely take some time before the case wouid
continue with the trial hut shall not pass any final order till
1984 RLR 125; 1987 (Supp) Supreme Court Cases 146 and 2009
first and are at fairly advanced stage and have important bearing
23
charge.
and upon perusal of the decisions cited, this Court finds that
different view than the one taken by the trial court in the
The aforesaid order clearly closed the issue between the parties
aforesaid order was not challenged, the same has attained finality.
The learned ASJ, while dealing with the aforesaid order in the
that even the said order observed that “the Judgment in the
probate case u/s 41 of Indian Evidence Act and its effect and
any case, the said power vests with the concerned Trial Court and
under Section 309 of the CrPC was not under challenge before the
not sustainable in law and therefore, is set aside. Since the revision
was not decided, the matter is remanded back to the learned ASJ
13. The parties are directed to appear before the learned ASJ on
directions.
forthwith.
AMIT SHARMA
JUDGE
DECEMBER 05, 2023/nk
// True copy//
27
TO,
The Hon’ble Chief Justice of India and his Hon’ble companion
Justices of the Supreme Court of India
The Humble Petition on behalf of the Petitioner above named
2. QUESTIONS OF LAW:
a. Whether the Hon’ble High Court had gone beyond the
court?
back the case to the Ld. ASJ for deciding the petition
Will?
30
the parties are both senior citizens, the Petitioner being 67 years
old, and the Respondent No. 1 being 78 years of age who have
been litigating since the past 20 plus years. The findings which
delayed in the Mediation Centre for more than 5-6 years and
That the Hon’ble High Court, under its inherent powers, should
have considered the long delay and could have exercised its
B. That the Hon’ble High Court failed to appreciate the law laid
entire trial court records, and exercising his powers under Sec.
397 CrPC had the authority to check the legality and propriety
of any order passed by the Trial Court, and also had the
waiting for the outcome of the Probate Case was against the
before the Sessions Court was not from the order dismissing the
application u/S 309 CrPC, but was from the order dated
came to a decision that the criminal trial should not proceed till
33
Court.
G. For that the Ld. Single Judge has gravely erred in stating that
section 120b, 420, 467, 468, 471 of IPC. That the Hon’ble High
H. That the Hon’ble High Court failed to appreciate that the Ld.
and had suspended the criminal trial till the findings of the
Probate Case were to allow the case of the Petitioner and grant
to reach a conclusion that all the offences are made out against
J. That the Hon’ble High Court erred and over reached its
the same was not even applied and an order has been given in
by going into the merits of the Will and the charges framed
K. That vide the impugned judgment the Hon’ble High Court has
by the Ld. Sessions Court which upheld the settled law by stating
trial court.
7. MAIN PRAYER:
In the foregoing premises, it is, therefore, most humbly prayed
that this Hon’ble Court may graciously be pleased to :
(a) Grant Special Leave to Appeal Arising out of
Impugned Judgment & Final Order dated 05.12.2023
passed by the Hon’ble High Court of Delhi at New Delhi
in Crl. Misc. 1303/2024 & Crl. M.A. 4416/2014.
(b) Pass such further or other order/orders as this
Hon’ble Court may deem fit and proper in the fact and
circumstances of the case and for the ends of justice.
(ADEEL AHMED)
Advocate for the Petitioners
DRAWN ON:01.07.2024
FILED ON: 10/07/2024
39
Versus
CERTIFICATE
IN TH E MATTER OF :
AFFIDAVIT
their originals.
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42
ANNEXURE P/1
DEED OF DEDICATION
his own money for his own use and/or occupation of the same with
hale and hearty, both mentally and physically sound to deal with
WITNESSES:
2. SHWETA RAY
G-1237 A, CR Park
//TRUE COPY//
44
ANNEXURE P/2
WILL OF PETITIONER
Ghosh son of late Bilash Chandra Ghosh aged 83 yrs, owner and
75 yrs two sons Shri Bimalendu Ghosh Dastidar and Shri Amarnath
Mrs. Geeta Guha Roy wife of Sh. J. Guha Roy (2) Mrs. Dipty Dutta
wife of Sh. A.K. Dutta (3) Mrs. Tripty Saxena wife of Shri Amrish
Saxena (4) Mrs. Shweta Roy wife of Sh. B.D. Roy and (5) Mrs. Rita
comfortable living by his own money and exclusively for his own
use.
living in the Middle East along with his family over the past 20
Whereas my son Amarnath Ghosh Dastidar and his family are living
during our old age, he has borne all house hold expenses. He used
46
loan installments and settled full and final dues of DDA, in respect
proud of him.
full rights to reside in the said premises till her demise and enjoy
the property according to her free and sweet will. My son Amarnath
shall look after her welfare according to his best abilities. This will
until I remain alive I will be the sole owner of the said property. My
son Amarnath Ghosh Dastidar, after death of his parents, can get
true copy.
WITNESSES:
1) DR PRASHANTA R. CHAKRABORTY
B-234 C.R. PARK TESTATOR:
N.D.-110019
// True copy//
48
ANNEXURE-P/3
IN THE COURT OF DISTRICT JUDGE DELHI
In ret:- Probate Case No. 90 of 2003
Shri Amar Nath Ghosh Dastidar …. Petitioner
Versus
The State & others ….
Respondents
MEMO OF PARTIES
Shri Amanath Ghosh Dastidar,
S on of Late Sh. Amulya Chandra Ghosh,
R/o H.No. 1224, Chittaranjan Park,
New Delhi. …. Petitioner
Versus
1. The State,
2. Dat. Rita Atorthy,
D/o Late Sh. Amulya Chandra Ghosh,
Ro 92.C, pkt. C, sidharth Extension,
New Delhi-1100 14.
3. Smt. Gita Guha Roy,
D/o Late sh. mulya Chandra Ghosh,
R/o Block III/86, Eros Garden,
Chamrood village, dist. Faridabad-182009, Haryana
…. Respondents
Delhi:
Petitioner
Dated-27/2/2003
Through
Counsel.
Versus
1 The State;
2. Sat. Rita Atorthy,
92.C, Pocket C, Sidharth Ext..
New Delhi-1100 14.
85-B Pocket-C,
Sidharth Extension, New Delhi-14.
6. Mrs. Dapt y Dutta,
M/o Shri A.K. Ditta,
R/o C/o Randuta Datta,
P&T Quarters, PWD Complex,
(Maar Molar Math), Agartala-799001,
Tripura.
7. shri B.O. Dastidar,
Da-201. Namada Apartments,
Alakanda, New Delhi-110019.
…. Respondents.
2. That the said Jednased left his estate in Delhi within the
territorial jurisciation of this Hon'ble Court and as such this
Hon'ble Court has jurisdiction to entertain and decide the
present petition.
3. That the deceased has at the time of his death left behind
the petitioner and the respondents no. 3 to 7 as his near
relatives/L.R.s.
4. That the deceaed during his life time made and executed his
WILL on 10/5/1996, which is duly registered with sub
Regisrar-VIII, New Delhi, vide Reg. No. 5156, Book No.3, Vol.
No. 119, Pages 32 to 34, dt. 3.8.2000.
51
PRAYER:-
It is, therefore, prayed that Probate/Letter of Administration in
respect of the state left by the deceased and mentioned in the
WILL annexed hereto may be granted to the petitioner, in the
interest of justice.
Delhi
Petitioner
(Amarnath Ghosh Dastidar)
Though
( Advocate.)
Verification:-
I, the above named petitioner, do hereby verify that the facts
stated herein above are true to my knowledge. Last para is prayer
to this Hon'ble Court.
// True copy//
53
ANNEXURE-P/4
First Information Report
Under Section 154 Cr. P.C.
Serial No. 8 Book No.
18517
1. District South P.S. C. R. Park Year 2006 FIR No. 171/06 Date
25.4.06
5. Place of occurrence:
(a) Direction and distance from PS East North 1/2 km Beat
No. 13
Name of PS District
6. Complainant/Informant
54
1-32/ACP/Delhi/02
(1)
(2)
Dear Sir,
55
and all other expenses being hotel, cloths, food etc. of Amarnath
Ghosh Dastidar were borne by me being the only earning member
in the family. (F) Mr. Amarnath Ghosh Destidar never took my
family responsibilities and even after he got job, he never paid any
money to our parents and I used to send money to my father for
the household expenses and some money to my mother (G) 1 was
working in OMAN since 1978 and also arranged a job for Amarnath
Ghosh in the Sultanate of OMAN (H) I had contributed for the
expenses of the marriage of my sister alongwith my father (1)
During his lifetime my father was fed up with the activities of
Amarnath Ghosh Dastidar and used to write about the same to me
and several times requested me to ask him to mend his ways as
Amarnath Ghosh use to constantly threatened, abuse and
misbehave with my father, mother and my sisters. My father also
wrote and warned me that Amarnath Ghosh had illegal deigns to
usurp the said property and all kinds of nuisance and used to abuse
them and misbehave with them and his sisters in order to throw
them out of the said property my mother Smt. Usha Ghosh Dastidar
also wrote several letter to me staring that Amarnath Ghosh
Dastidar use to misbehave and abuse his father himself and his
sisters and also physically beaten his sisters and tried to throw
them out of the house (2) My father Sh. Amulya Chandra Ghosh
Dastidar during his lifetime executed a will and after his death on
16.12.1996 his last will and testamentary disposition dated
7.8.1986 as modified on 31.12.1999 was opened by Ms M Jayshree,
Advocate, G 1269, C. R. Park, New Delhi-110019 on 6.12.1997 in
the presence of all the other legal heirs including Sh. Amarnath
Ghosh Dastidar except Smt. Dipti Dutta who was not in town. As
57
per the last will Sh. Amulya Chandra Ghosh had bequeathed one
half of his property to his wife Smt. Usha Ghosh Dastidar and the
other one half to me, no objection to the said will was raised by
Mr. Amarnath Ghosh to the said last will and testament of Sh.
Amulya Chandra Ghosh and no will was claimed or propounded by
Amarnath Ghosh (3) During his lifetime my father Sh Amulya
Chandra Ghosh Dastidar had permitted his younger son Sh.
Amarnath Ghosh Dastidar to construct/raise the first floor at the
said house for his use and occupation with separate water and
electric connection however, Sh. Amarnath Ghosh Dastidar was not
permined to sell, alienate create any third party right or dispose off
the first floor so constructed by him without my written consent (4)
Thereafter my mother Smt. Usha Ghosh Dastidar who left for her
heavenly abode on 27.5.1998 vide her last will and testamentary
disposition dated 12.1.1998 duly registered with the office of the
Sub registrar of Assurance V, New Delhi bequeathed all her one
half share in the house property bearing No. G-1224, C. R. Park,
New Delhi-110019 on 23.11.1999 in the presence of all legal heirs
including Mr. Amarnath. No objection was raised to the said will of
mother and no other will was produced or propounded by
Amarnath Ghosh or any other person at any point of time (5) I was
working in the Sultanate of Ornan and visited the country every
year. Since my younger sister namely Smt. Dipti Dutta was staying
in Delhi alongwith her Daughter Ms. Tania Dutta minor for her
education purpose and her request she started residing at the
ground floor of the house, since 1999. I also used to reside in the
same house whenever I visited India Delhi (6) Time and again Sh.
Amarnath Ghosh Dastidar who has not been residing in India and
58
during his short visits used to stay at B-138, Santa Vihar her father
in laws place as his wife and daughter are staying there since the
time he has been staying abroad he has forcibly and illegally tried
to occupy the ground floor and has threatened his elder sister Mrs.
Dipti Dutta and her daughter of dire consequences like throwing
acid on their face, threatening of killing both of them if they tried
to stop him from occupying the ground floor or if they object to the
same and if they do not vacate the premises. He has even
mishandled and abuse them on several occasions and it was only
on the compliant of Smt. Dipti Dutta the police official from the
local police station visited the premises and protected her and her
daughter life in the property from being illegally occupied by him
and brought the situation under control. Even in March 2003 Mr.
Amanath Ghosh Dastidar broke open the door locks of the ground
floor and tried to forcibly enter and throw my sister Dipti Dutta out
of the property and she again had to dial 100 and call the local
police for help. However, by the time the local police Officer came
to help Mr Amarntath Ghosh Dastidar had fled from the scene. (7)
I was shocked and surprised to hear about the said incident it
further came as a rude shock and surprise when I received
summons from the court of Sh. J. P. Singh, District and Session
Judge, Delhi in probate case titled as Amarnath Ghosh Dastidar Vs.
State & Ors wherein Mr. Amarnath Ghosh Dastidar malafidely has
forced fabricated and created a will dated 10.5.1996 allegedly
made by my late father and on the basis of the same has filed for
probate letter of administration of the same (8) The signature of
the said will are not of my father Late Sh Amulya Chandra Ghosh
Dastidar are forced and fabricated with his admitted signatures on
59
I fear for the security of my younger sister Smt. Dipti Dutta and
her minor daughter and also for my wife, daughter and son who
stay there on visits and for the security of the said property request
your Hon'ble self so protect my sister Smt. Dipti Dutta and her
daughter Me Tania Dutta and my family from any threat to their
life and harassment at the hands of Sh. Amarnath Ghosh Dastidar
and the sell the property from being legally sold/disposed off by
Sh. Amarnath Ghosh Dastidar on the basis of false and fabricated
documents and false will dated 10.5.1996 and to make proper
enquiry into the matter and take necessary action. Thanking you,
yours sincerely Sd/- English 24.5.05 Sh. Bimalendu Ghosh Dastidar,
permanent resident of G-1224, C. R. Park, ND -110019 and also at
W41, 3rd Floor rear G. K. -11, New Delhi present address M
9818475656 M 9871037124 Mr. Dastidar PTO
//True copy//
62
ANNEXURE-P/5
CHARGESHEET
ng her
absco forwa
nders rded
(show Magis
absco trate
nders
in red
ink)
1 2 3 4 5 6 7
Sh. As As Sir,
Bimlen Per Per Briefly The
du Seizur List Facts Of The
Ghosh e Attac Case Are
Dastid Memo hed That Mr.
ar S/o Bimlendu
Sh. Ghosh
Amuly Dastidar
a (Mentioned
Chand In Column
Ghosh No. 1 Of The
Dastid Chargesheet)
ar R/o Filed A
W-41, Complaint
3rd And The
Floor, Contents Of
Rear The
Side, Complaint
Greate Are
64
r Reproduced
Kailash Below:
– II, “To, The
New DCP,
Delhi - Economic
48 Offences
Wing, Qutab
Institutional
Area, New
Delhi…..
SUB: -
Complaint
against Sh.
Amarnath
Ghosh
Dastidar…..D
ear Sir, the
present
complaint is
aginst Sh.
Amarnath
Ghosh
Dastidar with
regard to the
house
property
bearing no.
G-1224,
65
Chittaranjan
Park, New
Delhi 110019
(1) Briefly the facts of the case are as follows: (a) My father Sh.
Amulya Chandra Ghosh Dastidar was working as Office Asstt. In
DGS&D, Govt. of India and had a family of 8 persons to lookafter
ie. his wife (a housewife) and 7 children (5 daughters and two
sons). (b) My father retired in 1971. At the time of his retirement
the particulars of his fa members were as follows:
S. Particulars Date of Birth
No
1 Smt. Usha Ghosh Housewife
2 Smt. Gita Guha Roy Married 15.11.43
3 Sh. Bimlendu Ghosh Working 7.8.45
Dastidar
4 Smt. Dipti Dutta Unmarried/Student 19.8.50
5 Smt. Tripti Saxena Unmarried/Student 8.12.53
6 Smt. Sweta Ray Unmarried/Student 22 3.56
7 Sh. Amarnath Ghosh Student 15.5.57
Dastidar
8 Smt. Rita Atorthy Unmarried/Student 7.3.60
property and she again had to dial 100 and call the local police for
help. However, by the time the local police officer came to help Sh.
Amarnath Ghosh Dastidar had fled from the scene. (7) I was
shocked and surprised to hear about the said incidents. It further
came as a rude shock and surprise when I received summons from
the court of Sh. J.P. Singh, District & Sessions Judge. Delhi in
probate case titled as "AMARNATH GHOSH DASTIDAR V/s STATE
& Ors." wherein Mr. Amarnath Ghosh Dastidar malafidely has
forged, fabricated and created a will dt. 10.5.1996 allegedly made
by my late father and on the basis of the same has filed for
probate/letter of Administration of the same. (8) The signatures on
the said will are not of my father Late Sh. Amulya Chandra Ghosh
Dastidar and are forged and fabricated and can be compared with
his admitted signatures on will dt. 7.8.1986 modified on
31.12.1989. The said will was never propounded by Mr. Amarnath
at the time when the will of my father was opened by Ms. Jayashree
on 6.12.1997 and again on 23.11.1999 when the will of my mother
Late Smt. Usha Ghosh Dastidar was opened or at anytime
thereafter. (9) From the bare look of the will it can be seen that
the alleged stamp paper has been shown to be purchased by my
father Late Sh. Amulya Chandra Ghosh from Asaf Ali made on
1.4.1996. In 1996 my father was 83 yrs old and was not keeping
well. My father who had earlier executed a will dt. 7.8.1986 and its
modification on 31.12.1989 was well aware that for execution of
will no stamp paper is required. Further in the will propounded by
Mr. Amarnath there is no mention of the earlier wills executed by
my father. The said will has been registered by Mr. Amarnath on
15.7.2000 after more than 3 & 1/2 years of death of my father on
70
death" cases. The Will was finally got registered vide No. 5156,
Addl. Book No. III, Volume No. 119 on pages 32 to 34 dt. 3.8.2K.
As per the documents received from the office of Sub-Registrar
(Geeta Colony), this Will was presented on 31.1.2K vide receipt No.
1422 by Amarnath Ghosh Dastidar alongwith photocopy of death
certificate of father Sh. Amulya Chandra Ghosh Dastidar with a
request for the registration of the same i.e. Will after death u/s 93
Registration Act.
inform about existence of any other Will of his father, which creates
strong suspicion about the authenticity of that Will purportedly
executed by Sh. Amulya Chandra Ghosh Dastidar in favour of
accused Amarnath Ghosh Dastidar. In this regard Mrs. M.
Jayashree, Advocate has also been examined, who purported that
the Will executed by Amulya Chandra Ghosh Dastidar was opened
by her and she issued a certificate in this regard. She also prepared
the Will of Mrs. Usha Ghosh Dastidar (mother). That Will was also
opened on 23.11.99 by her in the presence of both the sons of Mrs.
Usha Ghosh Dastidar, but 2nd time also the accused Amarnath
Ghosh Dastidar neither raised any objection nor informed about
existence of any other Will by his father or mother.
3. Ravi Mohan Anand S/o Major (Retd.) R.N. Anand R/o D-11, Vivek
Vihar, New Delhi (on recognizance)
(sign)6/8/07
INSPECTOR: LBR SECTION
EOW: CRIME BRANCH
FIR NO. 171 DT 25.4.06 U/S420/467/468/471/1208 IPC PS CR.
PARK, NEW DELHI
LIST OF DOCUMENTS
SN Particulars of Documents
13 Acknowledgement dt. 18.4.06 by Narender Singh on letter No.
958/R.ACP/LBR/EOW, Crime Branch dt. 17.4.06 to Asstt. Assessor
& Collector, MCD, Lajpat Nagar, New Delhi (return of the original
documents)
14. Acknowledgement dt 9.10.06 by Ms. R. Puri on letter No.
2498/R.ACP/LBR/EOW, Crime Branch dt. 29.9.06 to Asstt. Assessor
& Collector, MCD, Lajpat Nagar, New Delhi (return of the original
documents)
15. Request to Ld DJ, Delhi alongwith the copy of order dt. 14.2.06
for release of the Will in question
16. Receipt dt. 19.4.06 by Shankar Shambhu, Asstt. Ahlmed of the
original Will in the court of Ld. DJ, Delhi
17. Request to Ms. Bimla Maken, Ld. ASJ for not releasing the
document/Will in question and received in the court on 4.5.06
18. Bail/Personal Bond
19. Arrest memo
20. Conviction slip
21. Photocopies of statements u/s 161 Cr.P.C
ANNEXURE-P/6
309.
1996. Also chaired many Scientific Sessions of the various National
and International Conferences held in India.
13. Teaching for the last more than 35 years I have been delivering
lectures/ talks to the various Training Institutes/Universities such
as:-
(1) CBI Academy, Ghaziabad
(il) Delhi Police Training College, New Delhi
(iii) National Institute of Criminology & Forensic Science, New Delhi
13. Teaching for the last more than 35 years I have been delivering
lectures/ talks to the various Training Institutes/Universities such
as:-
13. Teaching for the last more than 35 years I have been delivering
lectures/ talks to the various Training Institutes/Universities such
as:-
いぐ
89
13. Teaching for the last more than 35 years I have been delivering
lectures/ talks to the various Training Institutes/Universities such
as:-
Web:-www.forgerydetectors.com
Dated: 01-12-2007
with various scientific aids and also taken their photographs on 22-
11-2007.
(stamp)
(signature)
Expert opinion on Questioned Signatures, Writips, Type Writings,
Forgery Detection, Age of Documents, Finger Prints etc.
15. Lease Deed dated 06.07.1974 available with L & D.O bearing
Signatures of Late Sh. Amulya Chandra Ghosh on its each page and
marked on its photocopy as A22 to A24 for the purpose of
Identification
100
17. Agreement with L & DO dated 20.01.1969 for Land cost bearing
signature of Late Sh.Amulya Chandra Ghosh red encircled and
marked as A26 for the purpose of identification.
4 Original Codicil / WILL (Part II) dated 31-12-1989 Chandra Ghosh
on marked on its photocopy as A7 for the purpose of
identificatiort/bear kate Shri Amulya Chandra Ghosh.
5. DDA Challan No.9669 dated 15.05.73 bearing signature of Late
Sh Amulya Chandra
Ghosh red encircled and marked as AB for the purpose of
Identification: 6. DDA Challan No.16138 dated 7.12.76 bearing
signature of Late Sh:Amulya Chandra Ghosh red encircled and
marked as A9 for the purpose of identification.
7. DDA Challan No.73809 dated 7.11.77 bearing signature of Late.
Sh.Amulya Chandra Ghosh red encircled and marked as A10 for the
purpose of identification.
8. DDA Challan No. 149368 dated 28.04.84 bearing signature of
Late Sh.Amulya Chandra Ghosh red encircled and marked as A11
for the purpose of identification.
9. Application form addressed to L & DO dated 23.02.1966 bearing
signature of Late Sh.Amulya Chandra Ghosh red encircled and
marked as A12 for the purpose of Identification,,
10. Agreement with L&DO dated 20.01.1969 bearing signature of
Late Sh.Amulya Chandra Ghosh red encircled and marked as A13
to A16 for the purpose of Identification.
101
QUESTIONAIRE
It has been requested to opine:
Whether yes or no the signatures of Late Sh. Amulya Chandra
Ghosh on questioned documents marked as Q1 to Q3 tally with the
signatures, the photocopies of which bear the marking as A1 to A
317?
RESULT OF EXAMINATION
All the above mentioned documents have been examined carefully
by me on 22.11.07 in the court of Smt. Bimla Maken ASJ, Tees
Hazari, Delhi available in the Judicial Files relating to Suit No, 90/03
(new No.388/06) titled Amarnath Ghosh Vis state and Bimalendu
Ghosh Vis State under her kind permission, and with the help of
various scientific aids. I have also examined the original documents
on 12.07.07 at the L & D.O office with permission of Land &
Development officer Mr. A.K. Agarwal. Finally I arrived at the
following conclusion: -
The questioned original signatures appearing on the WILL dated
10.05.1996 marked Q1 to Q3, were written by the person Late Sh.
Amulya Chandra Ghosh who also wrote the standard original
signatures, the photocopies of which bear the marking as A1 to
A31 due to the following reasons:-
The questioned signatures have been written freely showing
smooth line quality and natural variations In the strokes comprising
the signatures except the line quality defects developed in a few
strokes of the signature marked Q3 appearing on the last page of
103
the WILL and are due to the bleeding and spreading of the ink on
the line of the fold which is almost at the middle of this page.
Qualities of Imitation such as drawn and hesitating line quality,
careful retouching and joining of parts, unusual pen stops and pen
lifts, unnatural tremor, careful attention to the writing process etc.
are not present in the questioned signatures.
of its right hand side oblique bar and loop formation In its middle
horizontal stroke; relative size of body part as observed in the
questioned Bignatures reading A.C.Ghosh is similarty observed
standard signatures. The shape In the of the top junction that is
apex of this letter as observed in the questioned signatures marked
Q1 to Q3 Is similarly observed in the standard signatures marked
A3, A7, A7, A8, A19, A20, A27 etc.
2. The nature of right hand slant of the letter capital A and its
upward finish is also similarly observed between the questioned
and the standard signatures.
7. The writer is in the habit of writing the body oval of the letter
small o in the word Ghosh in a pecullar simplified manger. This
letter o has been written in the shape of almostia vertical stroke
with retrace in it in the questioned signatures and has been
similarly seen executed in the standard signatures marked A8, A9,
A12, A13, A14,A19, A20 etc.
10. The relative upper position of the top of the final letter small h
in the word Ghosh than its other letters as observed in the
questioned signature marked Q3 is similarly observed in the
standard signatures marked A8, A11, A14, A17, A20, A21 etc. The
right hand side slant of this letter as observed in the questioned
106
From the perusal of the Original WILL dated 10.05.96 it has been
observed that the stamp papers on which this WILL was typed were
purchased on 01-04-96 and the text of the WiLL was then typed.
Thereafter these typed pages of the unsigned will were folded and
kept safely and finally on 10.05.98 this WILL was signed.
This is evident from the fact that on the last page of the WILL, the
date 10.06.96 was typed subsequently by using a different
typewriter which was other than the one which was used earlier
107
CONCLUSION
Cumulative consideration of the aforesaid points of similarity which
are adequate enough to exceed the limit of accidental coincidence
as observed between the questioned and the standard signatures
in general and individual writing characteristics, cornstitute the
basis of my opinion that the writers Late Sh. Amulya Chandra
Ghosh of the standard signatures, the photocoples of which bear
the markings as A1 to A 31 Is the person, who also wrote the
questioned signatures, the photocoples of which bear the markings
as Q1 to 03.
//True copy//
109
Annexure-P/7
COURT
Annexure-P/8
IN THE COURT OF SH. AJAY KUMAR KUHAR, ASJ/SE-2 NEW
DELHI
Criminal Revision No. 161/09
In Re:-
1..Amarnath Ghosh Dastidar
S/o Late Amulya Chandra Ghose Dastidar
R/o G-1224, C.R. Park, New Delhi.
Versus
State
….Respondent
ORDER
1. This revision petition has been filed against the order 31-08-
2009 passed by Ld. ACMM whereby the application of the
revisionist under section 309 Cr.P.C. for stay of criminal
proceedings in FIR No.171/06, PS- C.R. Park under section
467/468/471/120-B IPC, was dismissed.
9. I have considered the law on which the Ld. Counsel for the
parties have relied and the factual matrix of the case as well as the
Impugned order.
10. In the present case the criminal case is at the stage of charge
and it would definitely take sometime before the case would come
at the stage of evidence. The Probate case is stated to be at the
stage of evidence. I am of the view that it would not serve any
purpose if the proceedings before the criminal court are stayed at
this stage. The would be appropriate if the Trial Court proceed with
the criminal trial as Well simultaneously with the civil proceedings
because there is no bar at proceeding with the criminal trial when
the civil proceedings are also pending. However, I am also of the
view that the judgment in Probate case would be of a binding
nature and it may have its legal repercussions on the proceedings
116
Annexure-P/9
FIR NO. 171/06
PS. C.R. PARK (С.В.)
CHARGE
The above said charge is read over and explained to the accused
in simple Hindi who is questioned as under:
Q. Do you plead guilty or claim trial?
Ans. I plead not guilty and claim trial.
Ans. I plead not guilty and claim trail
Ans. I plead not guilty and claim trial.
Annexure-P/10
ID No. 02405R0264482012
10 No. 02406R02704012012
Versus
AND
Versus
State …..Respondent
ORDER
121
Facts
4. In brief, facts leading to the filing of these revision petitions are
that late Sh. Amulya Chandra Ghosh, father of complainant Sh.
Bimalendu Ghosh as well as Sh. Amarnath Ghosh (A-1) (one of the
revisionist herein) was the owner of the property bearing No. G-
1224, CR Park, New Delhi. Case of the complainant is that during
122
6. It may be noted that accused persons filed Crl. M.C No. 3234/07
before High Court of Delhi praying for quashing of the FIR which
was dismissed as withdrawn vide orders dated 11.10.2007. An
application under Section 309 Cr.P.C for stay of the proceedings till
the decision of the Civil court in Probate case filed by revisionists
was dismissed by Learned Metropolitan Magistrate vide orders
dated 31.08.2009. Revisionists, challenged the said order dated
31.08.2009 vide Crl. M.C No. 3638/2009, which was withdrawn
with the permission to file appropriate application before the
Sessions Court on 23.10.2009. Thereafter, revisionists filed revision
petition against the orders which were disposed off vide order
dated 18.02.2010, wherein Learned ASJ held that the "Trial Court
shall not pass final orders till the decision of the probate case."
Respondent-Amarnath Ghosh (A-1) filed a Crl MC No. 837/2010
challenging order of Ld. ASJ, which was dismissed vide order dated
17.03.2010.
Submissions
16.11.2012
…..
"RW2 partly cross-examined and discharged for today. Further
cross-examination of RW2 is deferred at the request of the witness
on the ground that he has to meet an urgent work at ITO . No
further adjournment shall be granted.
Last and final opportunity for completion of entire RE on
18.02.2013.
ADJ-06/Central/Delhi
16.11.2012 (pk)”
Hon'ble Delhi High Court against the order on charge. Hon'ble High
Court vide a speaking and detailed order dated 05.05.2011 in Crl.
Revision Petition No. 196/2011 was 'pleased to stay the Trial Court
proceedings’ in view of the pendency of the probate petition. It is
submitted that the order is binding upon this Court or at least has
substantial persuasive value in the adjudication of the present
petition. The relevant extract from the aforesaid order dated as is
follows:-
"4. The learned counsel for the petitioner has also placed
reliance on the judgment of Apex Court in case titled Sardool
Singh & Anr. Vs. Nasib Kaur 1987 (Supp) SCC 46, wherein it
has been observed by the Apex Court that when the question
of validity of the Will is subjudice criminal prosecution on the
allegation of the Will being forged cannot be instituted.
Although, the said observations of the Court have been
passed in the case where the facts are not given, the same
could not be treated as a precedent. Nevertheless, this is a
point which in my view merits consideration
8. In the meantime, the proceedings of the case bearing FIR
No. 471/2006 u/s 193/467/468/471 IPC registered by P.S. C.
R. Park. which are pending in the Court of Sh. Naveen Arora,
learned ACMM, shall remain stayed till the next date."
witness reveals that the statements are in verbatim and are only
computerized ditto copies of a statement having everything same
including comma and full stop, common for all. It is submitted that
Learned Trial Court in the impugned order has referred to the Will
of the testator dated 07.08.1936 holding that the same was
bequeathed in favour of his widow and elder son to the extent of
half share each but the Ld. Court below did not consider that the
said observation was not correct, because the testator in the same
Will bequeathed a substantial portion of the property in favour of
his younger son Amarnath Ghosh, accused herein. It further goes
to show that the Ld. Court below did not take into consideration,
the deed of dedication executed by the testator on 21.12.1993
which is also a part of the record being relied upon by the
prosecution.
20. It is urged that the Learned Trial Court has brushed aside all
the above observations and findings of the superior Courts in the
impugned order, with its own incorrect opinion by observing that
"in my opinion expert opinion is the best piece of evidence and can
133
23. It is argued that one of the major grounds urged for quashing
the charges is the pendency of probate petition filed by Amarnath
Ghosh which as per the submissions of the accused persons is prior
in time, then the criminal proceedings, has been rejected in the
petition filed by the accused persons. It is submitted that accused
134
Full Bench Judgment of the Apex Court in "Syed Askari Hadi Ali
Augstine Imam V/s State (Delhi Admin)" (supra). It is submitted
that law laid down by Hon'ble Supreme Court is binding and
judgments relied upon by the revisionists is not good law and not
binding on this Court. In support, Learned Counsel relied upon
"Sharad Kumar Aggarwal Vs State.”
Nature of Evidence
27. At the outset, it is pertinent to note the nature of evidence on
record, in this case. Prosecution witnesses listed in this case are
mainly five sisters of complainant, namely, Deepti Dutta, Geeta
Kuhar Roy, Tripti Saxena, Sweta Ray, Rita Atorthy. On perusal of
their statements u/s 161 Cr. P. C. this Court is in agreement with
the submissions advanced by learned Counsel for revisionists that
the statement of these witnesses are verbatim, stereotyped and
136
Legal Position
In order to address the issue, relevant legal position may be noted
30. In "Gurmeet Singh Chopra vs Taruna Chopra & Ors. (supra) " it
was held that Probate Court has exclusive jurisdiction to adjudicate
upon the genuineness of a Will and even the civil Court has no
jurisdiction to go into the said question.
30.1 In "Sunil Gupta v. Kiran Girhotra (supra)", our High Court
reiterated that the Probate Court has exclusive jurisdiction to
determine the genuineness or otherwise of the Will and hence a
suit seeking cancellation and declaration with respect to the Will is
required to be stayed till the decision by the Probate Court.
30.2 In Ishwari Prasad Mishra vs Mohd. Isa (supra) Supreme Court
opined that, "Evidence given by an expert of hand writing can
never be conclusive because it is, after all, an opinion evidence".
In “Shashi Kumar Banerjee & Ors. Vs. Subodh Kumar Banerjee
138
(supra)", it was held that. "The mere opinion of the expert cannot
override the positive evidence of the attesting witness". In "Magan
Behari Lal Vs. State of Punjab (supra). Supreme Court held that, it
is now well settled that expert opinion must always be received
with great caution none so with more caution than the opinion of
a hand writing expert it is unsafe to base a conviction solely on
expert opinion without substantial corroboration. This type of
evidence being opinion evidence is by its very nature, weak and
infirm and cannot of itself form the basis of a conviction.
30.3 In "Bhagwan Kaur Vs. Maharaj Krishan Sharma & Ors. (supra ).
Honble Apex Court held that "evidence of a hand writing expert
unlike that of a finger print expert is generally of the frail
character". In "Kamal Narain Ram Saran Lal Vs. Ram Kishore Lal &
Anr(supra) it was observed that "It is common knowledge that,
handwriting of persons are never uniform when they are old".
30.5 In "Syed Askari Hadi Ali Augustine Imam & anr. Vs State”
(supra). Supreme Court considered previous judgments operating
in the field. In order to delve deep into the issue, it is necessary to
extract relevant portion o the judgment, which reads as under:-
14. The FIR was lodged not only in regard to forgery of the
Will but also on the cause of action of a trespass. Appellant
admittedly is facing trial under Section 420, 468 and 448 of
the IPC. It is, thus. possible that even if the Will is found to
be genuine and that no case under Section 468 IPC is found
to have been made out, appellant may be convicted for the
commission of other offences for which he has been charged
against, namely, trespass into the property and cheating. It
is found that the appellant is guilt of trespass, he may be
asked to handover possession of the premises in question to
the complainant".
148
(emphasis supplied)
149
32. No doubt, in Sardool Singh's case detailed facts were not given
and also previous precedents operating in the field were not
referred and analyzed therein but, this Court finds, no merits in the
contention advanced by Learned counsel for respondent that
observations made by Hon'ble Supreme Court in Sardool singh's
case were 'per inquirium' or observations made therein were 'over-
ruled’. In Syed Askari's case, it was only noted that no ratio can be
culled out therefrom. 'Ratio' is a binding principle which emerges
from a course of decisions.
Petitioners applied to High Court u/s 476 Cr P. C. (of the old Code,
now Section 340 Cr.P.C) for prosecution of sub-inspectors for
perjury for offence u/s 193 of IPC. Their applications were granted
and Deputy Registrar of High Court was directed to make necessary
complaints. Sub-inspectors appealed against the aforesaid order
and against the order u/s 476 Cr.P.C. but Supreme Court found no
reason for interfering with the High Court's order in directing
prosecution of the sub-Inspector u/s 476 Cr. P.C.
36. Thus, principle which can be culled out from the analysis
of existing judgments, is that stay of proceedings or
postponement of proceeding. in exercise of jurisdiction under
Section 309 Cr.PC is permissible. There is no such principle
that stay of one or other proceeding can never be granted.
It would depend on the facts of each case and on special
consideration obtaining in a particular case. No hard and fast
rule can be laid down as to which of the proceedings-civil or
criminal must be stayed. It was noted that possibility of
conflicting decisions in the civil or criminal courts cannot be
considered as a relevant consideration for stay of the
proceedings as law envisaged such as eventuality. Likelihood
of Embarrassment was considered to be the only relevant
consideration and having regard to certain facts, Hon'ble
Apex Court found it expedient in M. S. Sheriff's case to stay
the civil proceedings. Hon'ble Supreme Court made it clear
that this was not a hard and least rule, special considerations
obtaining in any particular case might make some other
course more expedient and just.
held that no hard and fast rule can be laid down and that
possibility of conflicting decision in civil and criminal courts is
not a relevant consideration.
39. It was further observed that in each and every case, the
first question which would require consideration is, whether
judgment, order or decree is relevant; if relevant, its effect.
This would depend upon the facts of each case. In K. G.
Premshankar, the effect of Sections 40 to 43 of the Evidence
Act has been noted that, if the criminal case and civil
proceedings are for the same cause, judgment of the civil
Court would be relevant if conditions of any of Sections 40 to
43 are satisfied but it cannot be said that the same would be
conclusive except as provided in Section 41. Section 41
provides which judgment would be conclusive proof of what
is sated therein. It is important to note that in both cases,
i.e. M. S. Sherrif's case and in K. G Premshanker's case,
pending civil suits were for damages and Section 41 of Indian
Evidence Act was actually not involved therein and the Court
was concerned with facts involving Section 42 of Evidence
Act.
40. Court has to find out 'material facts' of the case in hand
as well as material facts' of case referred as precedent. It is
well settled that a Judgment is binding precedent for what it
decides and not what logically follows from it. In "Bhavnagar
University vs Palitana Sugar Mill (P) Ltd." the following
observations were made.
156
so declared will not only be relevant but Will have a direct bearing
on the allegations of forgery of Will in this criminal base, at the
stage of charge'.
Conclusions
50. To conclude, legal and factual position which emerges from
the aforesaid analysis Is as under:
51. In the result, this Court is of the considered view that interest
of justice requires that commencement of trial in this case should
be stayed and postponed till the announcement of Judgment by
the Probate Court in the pending previously instituted Probate
proceedings. Parties shall place on record certified copy of
judgment within two weeks of passing of the order therein and
thereafter, this criminal proceeding arising out of FIR No.
171/2006. PS Chittranjan Park shall be revived and Learned Trial
Court shall re-hear the parties afresh on the point of charge. in the
light of findings and conclusions arrived at by the Probate Court.
Revision petitions are disposed of in aforesaid terms.
52. TCR be sent back along with a copy of this order. Revision files
be consigned to Record Room.
164
announced in the
open Court
on 27 September, 2013
//True copy//
165
Annexure-P/11
ID No. 02405R0264482012
10 No. 02406R02704012012
IN THE COURT OF ADDITIONAL SESSIONS JUDGE - 04 &
SPECIAL JUDGE (NDPS) SOUTH EAST: SAKET: NEW DELHI
(I) CR No. 59/2012
ID No. 02406R0264482012
Ravi Mohan Anand
s/o Major (retd.) R. N. Anand
r/o D-11, Vivek Vihar
New Delhi-110096 …Revisionist
Versus
State …Respondent no. 1
Bimalendu Ghosh Dastigar
s/o Late Amulya Chandra Ghosh Dastidar
r/o W-41, 3rd Floor, Rear side,
Greater Kailash-II, New Delhi ..Respondent no. 2
AND
Versus
State …..Respondent
Submissions
9. Sh. Sood, Ld. Counsel appearing on behalf of Sh. Amarnath
Ghosh Dastidar (A-1), submitted that he had filed a Probate Case
No. 386/06/03 on 27.02.2003 for obtaining probate of Will dated
10.05.1996 of his late father who expired on 16.12.1996. Probate
case was filed about 3 years prior to the registration of the FIR in
question. Admittedly, complainant as well as his sisters are
objectors and respondents in the aforesaid probate proceedings. It
is submitted that in Probate petition, petitioner filed the affidavits
by way of evidence of three witnesses and evidence of PWs was
recorded in the year 2006-2007. Testimony of PW-6 was recorded
on 19.08.2008. It is pointed out that order sheet dated 20.01.2009
in the said probate case shows that the petitioner's witness
(handwriting expert) was available on the date but the counsel for
the respondents (one of whom is complainant) sought
adjournments and subsequent order sheets of 21.04.2009,
12.08.2009 and 04.12.2009 (in the said Probate case) would reveal
delaying tactics of the respondents. It is submitted that due to
delaying tactics of the respondents in the Probate case, on
04.12.2009, Respondent's Evidence was closed and they were
proceeded ex-parte. Subsequently, ex-parte order was recalled. On
15.02.2012, and on 04.07.2012, last and final opportunity was
granted to respondents to complete RE. Again, last and final
opportunity for completion of RE was given on 16.11.2012 but, till
date RE has not been deliberately completed by respondents
(complainant-herein).
171
Marwah & Anr V/s Meenakshi Marwah & Anr” held that there is no
bar if both the criminal proceedings and civil proceedings are
continued together. It is submitted that Judgment relied upon by
the petitioners in the case of "Ravindra Kumar Jain & Ors V/s State
& Anr." passed by Hon'ble Justice S.N.Dhingra is per-inquirium and
not applicable in the facts of the present case and has been passed
ignoring the law laid down by the Hon'ble Supreme Court in "Iqbal
Singh Marwah & Anr V/s Meenakshi Marwah & Anr" (supra) and
"Syed Askari Hadi Ali Augstine Imam V/s State (Delhi Admin)
(supra)".
25. Learned counsel for respondent further submits that Sardool
Singh's case (Supra) of the Supreme Court relied upon by the
petitioners was not approved by the Hon'ble Apex Court in case of
"Syed Askari Hadi Ali Augstine Imam Vis State (Delhi Admin)
(supra) wherein, Supreme Court observed that "no ratio however,
can be culled out therefrom. Why such a direction was issued or
such observations were made do not appear from the said decision.
Sh. Mittal, learned counsel, contended that the judgment in case
of Sardool Singh (supra) relied upon by the petitioners is passed
by a Division Bench and the same is also per-inquirium in view of
judgment passed by the Constitution Bench of Apex Court in "Iqbal
Singh Marwah & Anr V/s Meenakshi Marwah & Anr" (supra) and
Full Bench Judgment of the Apex Court in "Syed Askari Hadi Ali
Augstine Imam V/s State (Delhi Admin)" (supra). It is submitted
that law laid down by Hon'ble Supreme Court is binding and
judgments relied upon by the revisionists is not good law and not
binding on this Court. In support, Learned Counsel relied upon
"Sharad Kumar Aggarwal Vs State.”
180
(emphasis supplied)
was lodged not only in regard to forgery of the Will but also on the
cause of action of a trespass. It was observed that "appellant
admittedly was facing trial not only u/s 420 & 468 but also u/s
Section 448 of the IPC. It is, thus, possible that even if the Will was
found to be genuine and that no case under Section 468 of the IPC
is found to have been made out, appellant may be convicted for
commission of other offences for which he was charged against,
namely trespass into the property and cheating. Thus. Syed
Askari's case was decided in its peculiar factual matrix. In "Sardool
Singh's case (supra)", "a civil suit between the parties was pending
wherein the contention of the respondent was that no Will was
executed whereas the contention of the appellants is that a Will
has been executed by the testator. A case for grant of probate was
also pending in the court of District Judge, Rampur. Civil Court was
seized of the question as regards the validity of the Will. In these
circumstances, it was noted that juncture, respondent cannot be
permitted to institute a criminal prosecution on the allegation that
the Will is a forged one. It was observed that it would not be proper
to permit the respondent to prosecute the appellants on this
allegation when the validity of the Will is being tested before a civil
court. Criminal proceedings pending in the Court of the Judicial
Magistrate. Chandigarh was quashed and it was further observed
that this will not come in the way of instituting appropriate
proceedings in future in case the civil court comes to the conclusion
that the Will is a forged one.
32. No doubt, in Sardool Singh's case detailed facts were not given
and also previous precedents operating in the field were not
referred and analyzed therein but, this Court finds, no merits in the
194
Conclusions
50. To conclude, legal and factual position which emerges from
the aforesaid analysis Is as under:
(i) In a given case, civil proceedings and criminal
proceedings can proceed simultaneously and one of the
proceedings can be stayed or postponed u/s 309 Cr P. C.
Whether civil proceedings or criminal proceedings shall be
stayed depends on the facts and circumstances of each case.
(ii) There is no hard and fast rule. Course, which is expedient
and just depends upon special consideration obtaining in a
case and in each and every case, the question for
consideration is whether Judgment or order of the other
proceeding is relevant and if relevant, then its effect.
(iii) Judgment in Probate petition is Judgment in rem and is
relevant u/s 41 Indian Evidence Act. grant of Probate is a
Judgment in rem and conclusive and binds not only parties
but the entire world and Probate Court alone has the
jurisdiction to adjudicate upon proof or validity of a Will
propounded by the executrix.
204
//True copy//
207
Annexure-P/12
Delhi High Court Mediation and Conciliation Centre Delhi High
Court, Sher Shah Road, New Delhi
CRL, M. C. No. 1303/2014
Date: 24.09.2019
IN THE MATTER OF:
Bimalendu Ghosh Dastidar -Petitioner
Report
Disputes and differences had arisen between the parties and the
above matter was filed before the Hon'ble High Court of Delhi.
(AS. Chandhiok)
Sr. Adv. /Mediator //True copy//
208
Versus
Impugned Judgment
TO
PETITIONERS ABOVENAMED
2. The Petitioner has stated the facts of the case and the
this Application.
05.12.2023.
PRAYER
FILED BY :
Versus
TO
PETITIONERS ABOVENAMED
2. The Petitioner has stated the facts of the case and the
this Application.
prejudice.
5. That the present Application is bona fide and has been made
PRAYER
FILED BY :
6. Vakalatnama
7.
~·
iJ<
215
Versus
2aj
-+-L.J..r___;_~....;;,_:;___._.L...1-=--.
;~~~~-f.J...:.--+---,!..~-=---~
_ r_RESP ON DENT[S]
- c t_
I/We
Petitioner[s]/Appellant[s]/Respondent[s] in the above Petition/Appeal hereby
the Y"
appoint and retain _ _ _ _ _ _ Advocate, Supreme Court, to act and appear
for me/us in the above Petition/Appeal and on my/our behalf to conduct and
prosecute the same and all the proceedings that may be taken in respect of any
application connected with the same or any decree or order passed therein,
including proceeding in taxation and application for Review, to file and obtain
return of documents and to deposit and receive money on my/our behalf in the
above Petition/Appeal an to represent me/us and to take all necessary steps on
my/our behalf in the above matter. I/We agree to ratify all acts done by the
aforesaid, Advocates in pursuance of this authority. I/We further authorise him
to engage any other Advocate(s) on my/our behalf or to enter into agreement or
to agree for arbitration.
5 /J,
Dated this the ___ ______..,__ _ _ day of
Accepted
Advocate
:Jf_D
Ar1Vot.c:Jlt:
14, lawy::rr's Charnr.,;.-r
{;~,r•ame - )Urt of /n,'i
'_ p
t,i.11
~t.
Supreme Court r~~w D61ni 11 ooo Petitioner s]/Appellant[ s]
Code No. 21-~. 1-'h 2J ,1 _
Respondent[ s]
To
The Registrar,
Supreme Court of India
New Delhi.
Sir,
Kindly entered my appearance on behalf of the
petitioner(s) / respondent( s).
ADEELAHMED
Advocate
,'-------, J4;--l~~ t-P.+,~, ._._-
J
Advocate for t t s)
New lhi-11 0001
C~e No 273'4. Ph; 23 38984 ~"f
216
Versus
MEMORANDUM OF PARTIES
1. STATE
THROUGH NCT OF DELHI
2. AMARNATH GHOSH DASTIDAR
S/O SH.A.C GHOSH DASTIDAR
R/O B-138, SARITA VIHAR,
NEW DELHI.
3. PRASHANT KUMAR CHAKRABORTY S/O
LATE SH.P.C. CHAKRABORTY,
R/O B-234, C.R. PARK, NEW DELHI.
4. RAVI MOHAN ANAND
VERSUS
NEW DELHI
DATED :THROUGH