ABDUL REHMAN S/O HAZI ABDUL HAMEED R/O MOHALLA BHAWANI Vs. STATE OF UTTARANCHAL (UTTARAKHAND)
LAWS(UTN)-2012-9-175
HIGH COURT OF UTTARAKHAND
Decided on September 18,2012

Abdul Rehman S/O Hazi Abdul Hameed R/O Mohalla Bhawani Appellant
VERSUS
State of Uttaranchal (Uttarakhand) Respondents

JUDGEMENT

- (1.) Heard.
(2.) This appeal, preferred under section 378 of Code of Criminal Procedure, 1973, is directed against the judgment and order dated 22.05.2004, passed by Chief Judicial Magistrate, Nainital, in criminal complaint case no. 372 of 2002, whereby said court has acquitted accused/ respondents Mohd. Hanif, Aabid Hussain and Karnail Singh from the charge of offences punishable under section 468, 420, 471 IPC.
(3.) The perusal of the impugned order shows that P.W.2 Abdul Rehman (complainant/ appellant) has himself admitted in the crossexamination that in respect of the property in dispute regarding which it is alleged that respondent nos. 2 to 4 got prepared forged agreement of sale, the litigation is going on in the court of Sub Divisional Magistrate, Kashipur. Another lis is pending as to the ownership of Khoka (kiosk) in dispute before Civil Court, Kashipur. Yet third lis is pending before Nagar Palika, Ramnagar. None of the authorities has so far declared the alleged document as the forged one. The accused/ respondent no. 2 Mohd. Hanif admittedly appears to be son-in-law of the complainant.;


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