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2023 Supreme(Chh) 164

PARTH PRATEEM SAHU
Rajlaxmi W/o Shri Janaklal Sonar – Appellant
Versus
Ramesh Kumar S/o Shri Jhumuk Lal Kannauje – Respondent


Advocate Appeared:
For the Petitioner:Mr. Manish Upadhyay, Advocate
For the Respondent:Mr. Chetan Singh Chauhan with Mr. Ashish Surana, Advocates, Mr. C.B. Kesharwani, Panel Lawyer

ORDER :

1. Challenge in this petition is to the order dated 23.02.2017, passed in Criminal Revision No. 202 of 2016, whereby learned 3rd Additional Sessions Judge, Durg (C.G.) dismissed the criminal revision filed by petitioner.

2. Learned counsel for petitioner submits that petitioner made written complaint on 30.04.2014 before Police Station – Nandini Nagar, Ahiwara, Tahsil – Dhamdha, District – Durg alleging that respondent No.1 obtained her affidavit and committed forgery and she was impersonated by other women in the mutation proceeding initiated before Tahsildar, Ahiwara and got registered the ancestral property in his name after death of her father on 15.06.2007. Police authorities have not taken any cognizance on the complaint submitted by her, therefore, petitioner filed an application under Section 156 (3) of Criminal Procedure Code before the Judicial Magistrate First Class, Durg, which was dismissed in an arbitrary manner without considering the provision under Section 156 (3) of Cr.P.C. in its entirety. The order rejecting the application under Section 156(3) of Cr.P.C. was challenged in revision before the Sessions Court, which also came to be dismissed by the impugned

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