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Urmila Devi & Ors. vs. Balram & Anr. (SC)

52.00 5.20

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Penal Code, 1860–Secs. 419, 420, 467, 468 & 471 [ Corresponding Secs. 319(2), 318(4), 338, 336(3) & 340(2) of BNS, 2023 ]–Criminal proceedings–Declined to quash–Justification–Allegation that the appellants entered into a conspiracy with other individuals to fabricate a forged Will after the death of testator–No case is made out for criminal breach of trust or cheating by impersonation and dishonestly inducing delivery of property–Criminal proceedings were instituted after seven years of mutation order, four years after the ex-parte ad interim order and three years after rejection of objection to mutation–Instant case is just another one in a string of cases filed in recent years that seek to disguise a civil dispute as criminal–Proceedings are liable to be quashed.