Case Facts:
Patna High Court Cr.Misc. No.11301 of 2011 (4) dt.27-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11301 of 2011 ====================================================== Rakesh Kumar Sinha And Ors. .... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Sinha, Adv. For the Opposite Party No.2 Mr. A.K.Pandey, Adv. Mr. Jay Shankar Pandey,Adv. For the State Mrs.Anita Kumari APP ============================================, CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 4 27-09-2012 Heard learned counsel for the petitioner and the State. In this case, petitioners are challenging the order dated 9th August 2010 whereby and whereunder the court below has taken cognizance under [STATUTE] arising from Complaint Case No. 1270© of 2010. The complainant has alleged that he is a Government servant and retired in the year 1998. He had purchased a piece of land in the name of his wife Vishnu Kuar Devi in the year 1995 and over that land house has been constructed. His wife was living with the complainant with her last breath, ultimately she died on 9th August 2003. Wife had never executed a will in favour of Rakesh Kumar Sinha so much so that his wife was not knowing reading and writing. When he received a notice of probate case, Patna High Court Cr.Misc. No.11301 of 2011 (4) dt.27-09-2012 then he could know about the petitioner-accused has a forged document is said to have been executed by his wife in his favour. It has been claimed that the will is completely forged and fabricated. After enquiry, court has taken cognizance under aforesaid Sections. Counsel for the petitioners has submitted that after death of Vishnu Kuar Devi the present petitioner no.1 has filed Probate Case being Probate Case No.73 of 2006 which has been converted into Title Suit No.36 of 2010 is pending in the court of Additional District Judge-X, Patna. Let the criminal case await the result of aforesaid title suit and after the judgment of the title suit, the criminal proceeding will again start. The judgment of probate case will decide the future of criminal case. With this observation and direction, this petition is disposed of. Jay/- (Shivaji Pandey, J)

Applicable IPC Section: 420

Statute Text:
Section 420 of the Indian Penal Code. Cheating and there by dishonestly inducing delivery of property, or the making, alteration or destruction of a valuable security. Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.