Madhav Singh Vs State of U.P. and 3 Others

Court No. - 45

Case :- CRIMINAL REVISION No. - 2379 of 2019

Revisionist :- Madhav Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Dharmendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard the learned counsel for the revisionist, learned A.G.A. and perused the record.

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This revision has been preferred by the revisionist with a prayer to allow the revision with cost, set aside the order dated 31.5.2019 passed by the learned Chief Judicial Magistrate, Mathura in Misc. Application No. 3037 of 2018( Madhav Singh Vs. Mahendra Pratap Singh@ Guddu and others, under section 156(3) Cr.P.C. P.S. Magorra district Mathura.

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It is submitted by the learned counsel for the revisionist that the impugned order dated 31.5.2019 passed by the learned magistrate is patently illegal, arbitrary and not sustainable in the eyes of law; that from a bare perusal of the record,it is clear that cognizable offence of cheating and forgery is made out against the accused opposite party nos. 2 to 4 even then the learned magistrate has ordered to register the application under section 156(3) Cr.P.C. as a complaint for the reason best known to him etc.

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Per contra, learned A.G.A. has contended that the order passed by the learned magistrate is having no illegality and it is not liable to be set aside. It is further contented by the learned A.G.A. that though the learned magistrate has not directed the officer in charge of the police station concerned to register a case and investigate the same, but he has order the case to be treated as a complaint case.

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After having gone to the submission of the learned Counsel for the revisionist as well as the learned A.G.A. this court is of the view that there is no illegality or irregularity in the order impugned. The revision is liable to be dismissed.

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Dismissed.

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Order Date :- 18.6.2019 N.A.

Madhav Singh v. State of U.P. and 3 Others

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Madhav Singh v. State of U.P. and 3 Others

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