Petitioner challenged dismissal of application seeking police enquiry to prove alleged forgery of agreement. Court held filing such application was abuse of process, evidence should be led in court, and dismissed writ petition.
Writ petition dismissed; order rejecting application for police enquiry upheld.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WP227 No. 532 of 2017
Manoj Kumar Choudhary S/o Shri Kharpattu Choudhary Aged About 33 Years R/o Purana Machhili Market, Supela, Bhilai, P.S. Supela, Tahsil And District- Durg, Chhattisgarh
---- Petitioner
Versus
---- Respondents
| For Petitioner | : Shri Rajesh Jain |
|---|---|
| For Respondents | : Shri Shashank Thakur, G.A |
Hon'ble Shri Justice Sanjay K. Agrawal
Order On Board
03/08/17
Heard.
The petitioner-plaintiff has filed an application before the 1st Additional District Judge, Durg stating that the subject agreement be enquired by Station House Officer of Police Station concerned through Police Superintendent as the subject agreement is forged and fabricated and, therefore, a criminal case be registered against the defendants. The said application has been rejected by the impugned order dated 13.07.2017 against which this petition has been filed.
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committed illegality in rejecting the petitioner's application.
Sd/( Sanjay K. Agrawal) Judge
Priyanka
2 issues framed by the court
Whether application for police enquiry into alleged forgery of agreement is maintainable to prove the case.
Whether impugned order rejecting application to treat as abuse of process of court is sustainable in law.
Manoj Kumar Choudhary
Jeevanlal Sahu
Anil Kumar Choubey
Ravishankar Sahu
State Of Chhattisgarh
Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
