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2016 Supreme(MP) 1165

S.K.PALO
Ashok Kumar Ojha – Appellant
Versus
Jayhind Chaturvedi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Amit Dubey
For the Respondent: Shailendra Dubey
For the State : A. R. S. Chauhan

ORDER :

Shri Amit Dubey, learned counsel for the petitioner. Shri Shailendra Dubey, learned counsel for the respondent No. 1. Shri A. R. S. Chauhan, learned P.L. for the respondent No. 2/State. Heard.

2. This revision under section 397 read with section 401, Criminal Procedure Code has been directed against the order dated 28-5-2015 passed by IInd A.S.J, Chhatarpur in Criminal Revision No. 227/2013 whereby the order dated 18-4-2011 passed by the C.J.M., Chhatarpur has been set aside.

3. Brief facts are as follows :—

    Non-applicant No. 1 preferred an application under section 156(3), Criminal Procedure Code before the Chief Judicial Magistrate, Chhatarpur for the offences punishable under sections 420, 467, 468 of Indian Penal Code against the present petitioner. The learned C.J.M, Chhatarpur vide order dated 16-11-2010 dismissed the same stating that neither the petitioner has listed any witness nor it has been filed in the form of a complaint, therefore, the Court cannot issue direction to lodge the F.I.R to investigate the matter at the behest of the applicant. This order was under challenge before the 8th A.S.J. Fast Track Court, Chhattarpur in Criminal Revision No. 254/2010. The lea

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