- (1.) This revision has been preferred against the Judgment and order dated 9.7.2014 passed by the Chief Judicial Magistrate, Allahabad in Application No. 603/XII/14 of 2014, Shiv Murti Yadav Vs. Rajendra Singh Yadav and others, under Section 156 (3) Cr.P.C. whereby the application has been dismissed.
(2.) Facts in brief are that the revisionist moved an application before the Chief Judicial Magistrate with the allegation that the revisionist is co-sharer with accused nos. 1 to 4 in land no. 121 area 7530 hectare situate at Mauja Mirapur Sikandara, Tehsil Phoolpur, District Allahabad and all the co-sharers are using the said land. There was a mahua tree valuing Rs.35,000/- for which the accused nos. 1 to 4 made a fraudulent consent letter and deposited it in the office of accused no. 5 and has obtained fraudulent order dated 17.2.2014 to fell the green tree. When the revisionist came to know about this, he moved objections against the said order and after inquiry, the order dated 17.2.2014 was recalled. After this accused nos. 1 to 4 again got a forged consent letter prepared and handed over it at the office of accused no. 5 and again obtained a forged permission dated 13.3.2014 to felled the green tree of mahua which was fell down on 16.3.2014 and the accused took away wood of the tree. When the revisionist complained about this, the accused threatened him.
(3.) The learned Magistrate, after perusing all the evidence on record, thought that there is no ground to get a case registered and investigate under Section 156 (3) Cr.P.C., dismissed the application, vide order dated 9.7.2014. Against this, the present revision has been filed.;