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2022 Supreme(HP) 666

SATYEN VAIDYA
Shaukat Ali S/o. Sh. Masiyat Ali – Appellant
Versus
Rehana Parveen D/o. Sh. Masiyat Ali W/o. Arshad Ali – Respondent


Advocates Appeared:
For the Petitioner:Sh. Servedaman Rathore, Advocate.
For the Respondents:Sh. Karan Singh Kanwar, Sh. Desh Raj Thakur, Additional Advocate General, with Mr. Narender Thakur, Deputy Advocate General.

ORDER :

1. By way of instant petition, petitioner has assailed order dated 10.11.2021 passed by learned Judicial Magistrate First Class, Nahan, District Sirmaur, H.P. in Criminal Case No. 13/2 of 2018, whereby the direction has been issued to register an FIR against petitioner and others for commission of offences under Sections 465 and 471 of IPC.

2. Brief facts necessary for adjudication of the petition are that respondent No.1 (hereinafter referred to as the ‘Complainant’) filed a complaint before learned Chief Judicial Magistrate, Nahan with a prayer to direct the SHO, Police Station, Nahan under Section 156 (3) of the Code of Criminal Procedure (for short, ‘the Code’) to investigate the allegations made in the complaint in accordance with law.

3. Complainant alleged in the complaint that petitioner was her real brother. A civil suit in respect of immoveable property filed by the petitioner against the complainant and her another brother named Gulam Sabir was pending before the Civil Court at Nahan. Petitioner had failed to obtain interim injunction in the said suit. His appeal against order of rejection of interim application was also dismissed. Having failed to obtain favoura

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