MANJU RANI CHAUHAN,J. - (1.) Heard Mr. Santosh Kumar Shukla, learned counsel for the revisionist, Mr. Sheetal Prasad Chakarvorty and Mr. P.K. Shahi, learned counsel for the State and perused the record.
(2.) This criminal revision under section 397/401 Cr.P.C. has been preferred by the revisionist against the impugned order dated 20.12.2019 passed by the learned Chief Judicial Magistrate, Auraiya in Complaint Case No. 4329 of 2019, arising out of Misc. Case No. 268 of 2019 (Anand Kumar Pandey vs. Rani Devi and others), whereby the application moved under Section 156 (3) Cr.P.C. was treated as complaint and proceeded to record the statement under Section 200 Cr.P.C.
(3.) The brief allegations as alleged in the present case are that the complainant / revisionist filed an application under Section 156(3) Cr.P.C. on 11.06.2019 before the learned Magistrate stating therein that the complainant had purchased land no.127/1 situated at Mauja Manepur, Phaphund, District-Auraiya from the opposite party no.3 and, thereafter, his name entered in the revenue record and he was absolute owner of the said land. Some trees were standing over the said land, but the accused opposite party no.2 to 4 obtained permission from the Forest Department by way of forged affidavit mentioned situation of trees in between Gata No.127/1 and 127/2, which was absolutely wrong. Thereafter, the accused opposite parties with joint conspiracy cut down the said trees situated at Gata No.127/1 only and committed offence of forgery and cheating by way of misrepresenting the correct situation of trees, whereas, the opposite party no.2 had already sold the said land to the complainant in the year 2011. With regard to the same, the complainant tried to lodge a first information report but no report was lodged. He had also sent a registered complaint to the Superintendent of Police, Auraiya even then no action was taken by the police though a cognizable offence has been made out against the accused persons. Therefore, the application under Section 156(3) Cr.P.C. was moved by the complainant/ revisionist before the concerned court below for registration of the first information report.;