Babli and others vs State of Uttarakhand and another

Hon''ble Servesh Kumar Gupta, J.—Heard learned counsel for the parties. Admit.

Learned counsel for the applicants is directed to supply copy of this petition to the counsel for respondent no. 2 by today itself.

Learned counsel for the respondent no. 2 has drawn attention of this Court towards Annexure No. 23 (page no. 155) of the petition, which a report of Forensic Science Laboratory Uttarakhand (a Government Laboratory). Report of the Science Laboratory is that signature of deceased Mahendra Singh on the sale deed dated 11.02.2003 does not emulate with the questioned signature on the alleged WILL dated 13.10.2003 executed in favour of Babli. So there are two strong basis strengthening the lodging of FIR and submission of chargesheet by police against applicants Babli, Roshni and Satyapal Singh, first, findings of Civil Judge (Senior Division) in Misc. Suit No. 105 of 2003 dated 23.11.2010 and second, report of Science Laboratory.

These arguments have been refuted by learned counsel for the applicants. He has argued that finding of Civil Judge (Senior Division) dated 23.11.2010 is under challenge before this Court by way of filing First Appeal no. 83 of 2010 and Appeal from Order No. 454 of 2010 wherein on 08.12.2010 this Court stayed the effect and operation of order passed by Civil Judge.

It has also been contended that the sale deed dated 11.02.2003, signature whereupon has been compared deeming it to be genuine from that of WILL dated 13.10.2003, is itself in question in original suit No. 63 of 2000 pending for adjudication in the court of Civil Judge (Junior Division) Haridwar.

Considering the arguments of learned counsel for the parties, this Court feels that it is immature to place reliance upon the report of Science Laboratory and permit the trial to continue, on the basis of submission of chargesheet, which is under challenge in this petition.

In view of what has been stated above, further proceedings of criminal case no. 6565 of 2012 (State Vs. Babli and others) pending in the court of Chief Judicial Magistrate, Haridwar shall remain stayed till next date of listing but at the same time, parties are directed to get the appeal nos. 454 and 83 of 2010 pending before this Court as well as original suit no. 63 of 2000 challenging the sale deed dated 11.02.2003 pending in the court of Civil Judge (Junior Division) Haridwar adjudicated at the earliest.

List this case after three months. Counter affidavit be filed in the meantime.