Research › Search › Judgment

Uttarakhand High Court · body

2014 DIGILAW 62 (UTT)

Himalayan Institute Hospital Trust v. Mohit Kumar

2014-02-28

U.C.DHYANI

body2014
Judgment : Heard learned counsel for the applicant, respondent no. 1, who has appeared in person, as also learned counsel for respondent no. 2, and perused the ruling of Sardool Singh and another vs Smt. Nasib Kaur, 1987 SCC (Cri) 672. 2) A civil suit, bearing O.S. No. 865 of 1997, is pending adjudication before the Hon’ble High Court of Judicature at Allahabad, Lucknow Bench, wherein the contention of the applicant is that document dated 10.11.1996, is forged one. A testamentary case, bearing no. 03 of 2003, for grant of probate is also pending in the same Court. Another testamentary case, bearing no. 01 of 2004, for grant of letters of administration filed by respondent no. 1, is also pending. Hon’ble High Court is, therefore, seized with the aforesaid matters. At this juncture, applicant cannot, therefore, be permitted to institute a criminal prosecution, especially, when aforesaid matters are pending before Hon’ble High Court of Judicature at Allahabad, Lucknow Bench. Those questions will be decided by the Hon’ble High Court of Judicature at Allahabad, Lucknow Bench, after recording the evidence and after hearing the parties in accordance with law. [The matters aforementioned are transferred to the Lucknow Bench of Hon’ble High Court of Judicature at Allahabad by the Hon’ble Apex Court]. It would not be proper to permit the applicant to prosecute the respondents, when Hon’ble High Court of Judicature at Allahabad, Lucknow Bench, is seized with the matter. 3) This Court is, therefore, inclined to dispose of the application under Section 482 of Cr.P.C., moved by the applicant, in view of the pronouncement of Hon’ble Supreme Court in Sardool Singh’s case (supra) and M/s Karamchand Ganga Pershad and another vs Union of India and others, AIR 1971 SC 1244 . 4) Application under Section 482 of Cr.P.C. filed by the applicant is, accordingly, disposed of. 5) This will not come in the way of instituting appropriate criminal proceedings in future, in case, Hon’ble High Court of Judicature at Allahabad, Lucknow Bench comes to the conclusion that the documents in question were forged one. This Court also refrains from expressing any opinion as regards genuineness or otherwise of the documents in question in the criminal complaint case, as there is no occasion to do so and the question is wide open before the Lucknow Bench of Hon’ble High Court of Judicature at Allahabad. This Court also refrains from expressing any opinion as regards genuineness or otherwise of the documents in question in the criminal complaint case, as there is no occasion to do so and the question is wide open before the Lucknow Bench of Hon’ble High Court of Judicature at Allahabad. [All other pending applications in this petition also stand disposed of].