of the petitioner by all her children. It is alleged that the possession of the property was taken away in pursuance of the execution proceedings pending against the respondent, a fact which was concealed at the time of executing the said sale transaction. Ld. Judicial Magistrate while dismissing the application under Section 156(3) Cr.P.C., proceeded under Section 200 Cr.P.C. During the pendency of the abovestated application, an Action Taken Report (ATR) was requisitioned, as per which, it was observed that no cognizable offence was made out. It was stated that one Suresh Chand Sharma had purchased a plot measuring 208 square yards; thereafter, he had expired on 31.01.1994. Subsequently, his nephew, namely Prem Kumar Sharma claimed that Suresh Chand Sharma had executed a Will in his favour and on this basis, sold the property in question to Yogesh Vats , the respondent herein, who, in turn, sold a portion of it to the petitioner’s husband. It was also stated that one Mithilesh Kumari had filed a Civil Suit against Prem Kumar Sharma and Yogesh Vats and by the order of the Court, the Will of Suresh Chand Sharma came to be declared as null and void. In the aforesaid background, the learned Judicial Magistrate was of the opinion that the entire chain of documents was in the possession of the present petitioner and that no police investigation or recovery was, thus, required to be affected. The Ld. Sessions Court concurred with the view taken by the ld. Judicial Magistrate.
