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PUSHPENDRA SINGH BHATI
Vijay Kumar – Appellant
Versus
State – Respondent
JUDGMENT
Pushpendra Singh Bhati, J. - This Criminal Misc. Petition under Section 482 Cr.P.C. has been preferred claiming the following reliefs:-
"It is, therefore, prayed that this Hon'ble court will be pleased to send for the records of the courts below, peruse the same & after perusal set aside the order of the cognizance or pass any other orders that this Hon'ble Court deems fit & proper."
2. This Criminal Misc. Petition has been preferred against the order, dated 14.3.2016, passed by the learned Addl. Session Judge, Churu, in Criminal Revision Case No. 47/2014 (38/2014) and against the orders dated 12.02.2014 passed by the learned Civil Judge (Junior Division) & Judicial Magistrate, Churu, taking cognizance for the offences under Sections 420, 406, 467, 468, 471 I.P.C. against the revisionist-petitioner, Vijay Kumar, in Criminal Case 50/2014, Krishnajit v. Vijay Kumar.
3. Brief facts of the case as placed before this Court by the learned Court for the revisionist-petitioner are that the revisionist-petitioner and the private respondent, Krishnajit, are brothers, who reside at Hisar, Haryana and that on 21.08.2013, the private respondent filed a written report at Police Station, Chu
The Court's decision was influenced by the existence of suspicion against the accused and the question of forged signatures on the documents.
The court affirmed that sufficient prima facie evidence can justify the framing of charges under IPC provisions related to fraud and misrepresentation.
The main legal point established in the judgment is the need for sparing and cautious exercise of powers under Section 482 Cr.P.C., the maintainability of revision petitions against orders under Sect....
A Magistrate must provide clear reasons when disagreeing with a negative Final Report, and failing to do so renders the order unsustainable.
In a property dispute where a civil suit is pending and both parties claim the property as their own, it is not necessary to lodge a criminal case for determining the right of the party.
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