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2013 Supreme(Chh) 57

T.P.Sharma
RAKHI PATEL – Appellant
Versus
STATE OF C. G. – Respondent


Advocates Appeared:
Mr. Prafull Bharat with Mr. H.S. Patel, Advocates, for the Petitioner.
Mr. Pankaj Shrivastava, Panel Lawyer, for the State/respondent No.1.
Mr. Ohani Ram Patel, Advocate, for the Respondent No.2.

ORDER

1. Heard.

2. By this petition, the petitioner seeks to invoke the supervisory jurisdiction under Article 227 of the Constitution of India against the order dated 29-4-2011 passed by the Judicial Magistrate First Class, Sarangarh in an unregistered criminal complaint case of the year 2008 (Prem Sagar Patel v. Jailal Sarthi and others), whereby the Judicial Magistrate First Class has directed for registration of the First Information Report (for short 'the FIR') and investigation under Section 156 (3) of the Code of Criminal Procedure, 1973 (for short 'the Code').

3. Learned counsel for the petitioner submits that complaint for the offence punishable under Sections 409, 420, 467,468 and 471 read with Section 34 of the IPC has been filed at the instance of respondent No.2 herein before the Court of Judicial Magistrate First Class, Sarangarh on 17-11-2008. On 1711-2008, the Judicial Magistrate First Class has directed the police concerned for investigation and submission of report. Finally, report was submitted on 1712-2008, thereafter, the Judicial Magistrate First Class fixed the case for recording of evidence before registration for several dates, but has not recorded evidence. O














































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