Court No. - 12
Case :- MATTERS UNDER ARTICLE 227 No. - 8710 of 2018 Petitioner :- Krishna Kumar Respondent :- State Of U.P. And 7 Ors.
Counsel for Petitioner :- Pradeep Kumar Dwivedi Counsel for Respondent :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and learned A.G.A.
Case of the petitioner is that a suit is pending since 1986 in which there is an order of status quo but on the basis of certain forged documents, the opposite parties are trying to grab the property. Therefore, he has filed application under Section 156(3) Cr.P.C. for lodging of FIR against the opposite party Nos. 4 to 7.
Learned Judge vide order dated 20.09.2017 has rejected the complaint on the ground that petitioner is an alternative remedy to move application under Order 39 Rule 2A of C.P.C. of and further directed that if any forged document has been filed before the Court, petitioner has also an alternative remedy to file application under Section 340 Cr.P.C which was also affirmed by the revisional Court in its order dated 07.08.2018.
Learned A.G.A. has opposed the prayer and submitted that this petition under Article 227 is not maintainable as petitioner is an alternative remedy to move application under Order 39 Rule 2A of C.P.C. and under Section 340 Cr.P.C.
I have perused the records and found no illegality in the order dated 20.09.2017 passed by Civil Judge (Junior Division), Mohammadabad, Ghazipur.
Accordingly, the petition is dismissed.
Order Date :- 27.11.2018 Sartaj