Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 47 Ct. Cases 1917/2023
MONIKA WADHWA Vs. SANJAY WADHWA ORS
17.01.2025
Present: Complainant in person with Ld. counsel.
Complainant has placed on record copy of reply of RTI application
and list of all the notaries registered in Delhi during the time when the alleged
forged documents i.e. the Will dated 01.09.2008 was notarized by one Sh
Surinder Kumar. It is his submissions that while one Surender Kumar is listed at
serial no. 255, it cannot be said that it is the same persons who has notarized the
document. He therefore prays that a report of verification be called from the IO in
this regards.
Heard. Considered.
At this stage it is observed that the present matter is an application
under section 156(3) Cr PC, therefore arguments have been heard on behalf of the
complainant including the submission in his prayer that a verification report of
the notary be called from the IO.
Put up for orders at 4PM.
(Amardeep Kaur)
A.C.J.M. (North)/Rohini Courts
Delhi/17.01.2025
At 4PM
Present: None.
ORDERS ON APPLICATION UNDER SECTION 156(3) CR PC
(1) Briefly stated it is the case of the complainant that the proposed accused
persons who are her mother in law, husband and sister in law have forged a Will
date 21.09.2008 of her father in law namely Late Sh Chander Mohan in favour of
proposed accused no. 1 which has been used by them in Civil suit bearing no.
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108/2020 titled Chander Mohan Wadhwa vs. Sanjay Wadhwa in order to defeat
the claim of the complainant that she is entitled to stay in the shared household
i.e. the subject property.
(2) It is the submissions of the complainant that as per an independent
forensic report obtained through a private expert, the Will does not bear the
signatures of Late Sh Chander Mohan as there is variation in handwriting and its
flow. She has also placed on record list of notary registered in Delhi during the
relevant period in support of her submissions.
(3) All the evidences required to prove the allegations made in the complaint
are within the reach and possession of the complainant/ applicant. The
complainant is well versed with the incident/facts of the case and can depose to
prove the same. The identity and addresses of the accused persons are within the
knowledge of the complainant. No recovery is to be made. Further, CCTV
footage and MLC can be placed on record and proved by summoning of relevant
witnesses. Subsequently, if deemed necessary, this court shall initiate inquiry
under section 202 Cr. PC to assist the complaint to prove her case, if required.
Accordingly, police investigation is not warranted in the present case. Therefore,
the present application stands disposed off as dismissed.
(4) Further, I take cognizance of the application filed by the
complainant/applicant as a complaint under section 200 Cr. PC.
(5) Now to come up for PSE on 14.11.2025.
(Amardeep Kaur)
A.C.J.M. (North)/Rohini Courts
Delhi/17.01.2025
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