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2010 Supreme(All) 2825

SHRI KANT TRIPATHI
KHURRAM SIDDIQUI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
H.C. Dwivedi for the Applicant; A.G.A. for the Opposite Parties.

JUDGMENT

Hon’ble Shri Kant Tripathi, J.—Heard learned counsel for the applicant and learned AGA for the State and perused the record.

2. By means of this application under Section 482 Cr.P.C. the order dated 3.6.2010 passed by the learned Special Judge, J. P. Nagar in Criminal Revision No. 24 of 2010 and the order dated 4.2.2010 passed by learned Chief Judicial Magistrate, J. P. Nagar in Misc. Case No. 1514 of 2009 have been impugned.

3. It appears that the applicant moved an application under Section 156 (3) Cr.P.C. with the allegations that the sale deed relied on by the respondent Nos. 3 to 5 is a forged document and the same was allegedly executed by one Subhash Prakash on 28.11.2008. On enquiry, the applicant found that the alleged seller Subhash Prakash was not in existence and some one else impersonated as Subhash Prakash and executed the sale deed. It is also alleged that the respondent Nos. 3 to 5 in collusion with the witnesses Harish Chandra and Babu Ram, in order to grab the property of Waqf, produced someone else as Subhash Prakash and obtained the sale deed.

4. Learned Chief Judicial Magistrate was of the view that the dispute is of civil nature and the question wheth











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