Will forgery case: UT cops pulled up for filing untraced report
Chandigarh, Dec. 27 -- A local court has reprimanded police for filing an untraced report regarding a 2022 case alleging forgery of the will of a 100-year-old colonel. The police complaint was filed by his grandson Vikram Dev Sarang.
He alleged that the family members accused in this, participated in a criminal conspiracy by preparing a forged will and forged documents and applied in the UT estate office to transfer the property fraudulently and dishonestly on the basis of forged will. During investigation, untraced report has been submitted by the prosecution.
The untraced report couldn't conclude concretely between two reports prepared by the CFSL. Further in the report it was said that there are two wills, one prepared in 2011 and one in 2017 and both are pending adjudication before a local civil court.
So, the final decision of the court is required to proceed legally in the matter.
The court of chief judicial magistrate Sachin Yadav observed that it appears that investigating officer could not come to a conclusion whether the alleged will was forged or not and he has filed untraced report only on the ground that a civil litigation with regard to the genuineness of the will is pending before the civil court.
"Once an FIR has been registered with specific allegations, the investigating officer was required to investigate the case properly and come to a conclusion whether the alleged will was forged or not. When the complaint mentions name of a specific person as accused, untrace report against such person could not have been filed," the court observed.
"Also, mere pendency of a civil suit with regard to genuineness of the will does not mean that investigation with respect to the present FIR and the criminal proceedings cannot proceed further. Filing of an untrace report just because parties have challenged the will in a civil suit, is clearly not justifiable," the court further observed.
The court has returned the case file for further investigation and the investigating officer has been directed tosubmit the final report at the earliest....
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