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2011 Supreme(All) 645

NARAYAN SHUKLA
Ram Gopal – Appellant
Versus
State Of U. P. – Respondent


Advocates appeared:
Petitioner Counsel:- Farooq Ayoob
Respondent Counsel:- Govt. Advocate

JUDGMENT:

Shri Narayan Shukla, J.

Heard Mr. Sri Farooq Ayoob, learned counsel for the petitioner and Shri Rajendra Kumar Dwivedi, learned Additional Government Advocate.

2. The petitioner has challenged the order dated 19.5.2010 passed by the Chief Judicial Magistrate, Faizabad, whereby the petitioner's application moved under Section 156(3) of the Code of Criminal Procedure (Hereinafter referred to as 'the Code') has been rejected on the ground that it is a matter of forged document, which is submitted before the revenue court, therefore, it is the revenue court, which is competent enough to take action in the matter.

3. Being aggrieved with the said order, the petitioner preferred a criminal revision before the Additional Sessions Judge, Faizabad being criminal revision no. 157 of 2010 which has been rejected by means of order dated 6.12.2010.

4. Upon perusal of the documents, the facts of the case are very much obvious that the alleged forgery in preparation of khatauni was committed in the record office, Faizabad. The beneficiary produced the said alleged khatauni before the Civil Judge (Junior Division) Haveli , Faizabad to get the benefit of that. The khatauni being forged o






























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