Laxmi Narain Vs State of U.P. and 8 Others

Court No. - 15

Case :- MATTERS UNDER ARTICLE 227 No. - 8886 of 2018

Petitioner :- Laxmi Narain Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Om Prakash Yadav Counsel for Respondent :- G.A.

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Hon'ble Umesh Chandra Tripathi,J.

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Heard learned counsel for the petitioners and learned A.G.A., for the State.

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This writ petition has been filed to set aside the impugned order dated 6.2.2018 (annexure No. 4) passed by Revisional Court in Criminal Revision No. 151 of 2013 (Laxmi Narain Vs. Ashok Kumar and others) dismissing the revision against the order dated 23.2.2013 passed by Additional Chief Judicial Magistrate, Court No. 5, Bareilly in Misc. Case No. 28/2013 (Laxmi Narain Vs. Ashok Kumar and others). By the order dated 23.2.2013, application under Section 156 (3) Cr.P.C., moved by the petitioner was rejected.

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Learned counsel for the petitioners contended that opposite party No. 5 (Ashok Kumar) has prepared a forged mukhtarnama on behalf of the Sumer Giri owner of the land. This is not a case of civil dispute.

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From perusal of the record, it reveals that although application of petitioner (applicant) under Section 156 (3) Cr.P.C., has been rejected by the Magistrate, even so, petitioner has remedy to file complaint before the Magistrate having jurisdiction to take cognizance.

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Accordingly, it is not appropriate for this Court to interfere in the matter. However, it is provided that if the petitioner (applicant) files complaint, the Magistrate concerned shall pass appropriate order in accordance with law.

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With the aforesaid observation, this writ petition stands disposed of .

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Order Date :- 4.12.2018 Jaswant

Laxmi Narain v. State of U.P. and 8 Others

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Laxmi Narain v. State of U.P. and 8 Others

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