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Criminal Miscellaneous Application No. 1442 of 2006 Uma Dutta Diwedi v. State of U.P.

3. This application has been filed by the applicants for quashing of the order dated 18.1.2006 passed by Judicial Magistrate, Mau in Case No. 315 of 2006. By the aforesaid order, annexure No. 7 the trial court has rejected the prayer for registration of FIR on application of the applicant filed under Section 156(3) Cr.P.C. on the ground that the applicant is in the knowledge of complete facts about the incident including the names of the accused and therefore, in view of the judgment in Gulab Chand Upadhyay v. State of U.P. 2002 (1) JIC 853, Allahabad and Ram Babu Gupta v. State of U.P. 2001 (2) JIC 203 the said application was registered as a complaint case and an order for getting statement under Section 200 Cr.P.C. recorded was passed. The facts of the case were that the applicant who is retired railway government servant had very good relations with Virendra Singh, Vinod Kumar Singh and Iftikhar Ahmad. Seema Singh wife of Virendra Singh, who is grand daughter of Jagdish Singh was a teacher in the school started by his grand father. Virendra Singh aforesaid, who is a land mafia had misappropriated Rs. 125000/= which was given to him by the applicant to start a brick kiln. He also got a tractor financed in the name of Vinod Kumar Singh, brother of applicant Uma Dutta Diwedi by deceiving Union Bank, Mazawara Branch and had also obtained signature of the applicant on papers to grab his property and had also committed theft of applicant's suit case. The applicant dispatched many registered letters on 24.12.2004, 27.12.04, 30.12.04 and 31.12.04 but no action was taken against alleged accused so much so that his registered letter dated 24.12.04 to S.S.P. Mau, D.I.G. Azamgarh and I.G. Varanasi range also proved futile in getting the FIR registered. Hence he filed application under Section 156(3) Cr.P.C. on 14.3.2005 annexing therewith the photocopy of forged stamp papers, the copy of the application sent to S.S.P. on 24.12.04 and the registry receipts. The Magistrate however turned down his prayer by passing the impugned order on 18.1.2006. hence this application.