In a writ petition under Article 227 challenging orders refusing interference in a cheating/forgery case, the court held that no illegality or perversity appeared in the lower orders and dismissed the petition.
None. The writ petition challenging the impugned orders is dismissed.
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Court No. - 66
Case :- MATTERS UNDER ARTICLE 227 No. - 8997 of 2019
Petitioner :- Dan Singh Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Ram Janam Shahi Counsel for Respondent :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the petitioner as well as learned A.G.A. for the State.
The present writ petition has been filed by the petitioner with the prayer to stay the effect of impugned order dated 20.7.2019 passed by Additional Session Judge, Court No.4, Shahjahanpur in Criminal Revision No.41 of 2017 (Dan Singh vs. State of U.P. and others) as well as the order dated 7.1.2017 passed by Chief Judicial Magistrate, Shahjahanpur in Case No.1211 of 2016 (Dan Singh vs. Munni Mishra and others), under Section 156(3) Cr.P.C.
Having heard learned counsel for the petitioner as well as learned A.G.A. and gone through the impugned order dated 7.1.2017 passed by Chief Judicial Magistrate, Shahjahanpur under Section 156(3) Cr.P.C. and the revision preferred against that, prima facie , I may record that the court has given sufficient reasons that the entire property transaction as alleged by the petitioner against opposite party no.2 do not constitute any offence of cheating or forgery.
There is no illegality or perversity in the orders passed by learned Magistrate and the lower revisional court.
The present writ petition is bereft of merits and the same is, accordingly, dismissed.
However, if at all prima facie any cognizable offence is made out, it is always open for the petitioner to institute complaint against the accused persons.
Order Date :- 7.12.2019 Vikas
2 issues framed by the court
Whether the impugned orders of the Chief Judicial Magistrate and Additional Session Judge suffer from any illegality or perversity under Article 227 of the Constitution.
Whether the property transaction alleged by the petitioner constitutes an offence of cheating or forgery.
Dan Singh
State Of U.P.
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
