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2024 Supreme(All) 69

RAM MANOHAR NARAYAN MISHRA
Shamshad Ahmad – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Manoj Kumar Singh.
For the Respondent: M.J. Akhtar.

JUDGMENT :

RAM MANOHAR NARAYAN MISHRA, J.

1. Heard Sri S.C. Singh, learned Senior Advocate assisted by Sri Manoj Kumar Singh, learned counsel for the revisionist, Sri M.J. Akhtar, learned counsel for the respondent No. 2 as well as learned A.G.A. for the State.

2. By means of instant criminal revision under Section 397/401 Cr.P.C. the revisionist has assailed the impugned order dated 27.6.2022, passed by learned Additional Chief Judicial Magistrate, Court No. 2, Muzaffar Nagar in Misc. Application No. 4911/09 of 2020, under Section 156(3) Cr.P.C. By the impugned order, learned Magistrate has dismissed the application filed by the applicant, who is revisionist, before this Court.

3. The factual matrix of the case leading to filing of present revision are that the applicant Samshad Ahmad moved an application under Section 156(3) Cr.P.C. before the court of Chief Judicial Magistrate, Muzaffar Nagar on 3.1.2020, stating therein that her father late Hazi Anwarul Haq had purchased two properties situated at Kasba Khatauli, District Muzaffar Nagar on 9.7.1982 and 13.9.1993, jointly with Ansar Khan, the opposite party and both of them occupied their respective shares in said properties. On 11.

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