DHYAN SINGH Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
STATE OF UTTARAKHAND
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(1.) The challenge in this petition is order dated 27.04.2007, passed by Additional Sessions Judge/III FTC, Dehradun affirming the order dated 06.10.2006, passed by Special Judicial Magistrate II, Dehradun, whereby the complaint filed by the petitioner herein to summon the accused/respondents for the offences punishable under Section 420, 467, 468, 471, 120B IPC was dismissed.
(2.) Brief facts inter alia are that petitioner preferred a complaint before the learned Magistrate with the allegations that respondents had fabricated signatures and had forged voter list and had moved an application before the District Panchayat Raj Officer against the petitioner. Having received the notice from the District Panchayat Raj Officer on the complaint so filed, petitioner came to know that complaint contained, the signatures of such persons, who are neither residents of village nor their names figured in the voter list. The contention of the petitioner was that since complaint was preferred against the petitioner along with forged and fabricated signatures, therefore, respondents are guilty for the offences punishable under Section 420, 467, 468, 471, 120B IPC.
(3.) Having perused the entire material made available on record before the learned Magistrate, he was not satisfied with the contention of the petitioner and could not find prima facie case against the respondents, therefore, he was pleased to reject the complaint under Section 203 Cr.P.C. Learned Additional Sessions Judge while hearing the revision was not able to find out any illegality, jurisdictional error or perversity in the order passed by the learned Magistrate, therefore, refused to summon the accused persons and ultimately, dismissed the revision.;
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