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Dharampal Kataria & Ors. vs State And Ors. on 28 September, 2017 cites

Ravi Kant S/O Avinash Chandra vs State Of U.P. And Smt. Geeta Daughter Of ... on 1 December, 2004

2. Facts giving rise to filing of the instant petition are that respondent No.2 alongwith his father- Mela Ram and brother-Kavi Kumar has tried to encroach upon the path of proforma-respondent forcibly & illegally and proforma-respondent in order to prevent them has filed a civil suit titled Gopal Krishan vs. Mela Ram & ors. which was assigned to the Court of learned Munsiff, Jammu and learned Munsiff Jammu on 28.05.2014 was pleased to pass an order whereby the parties to the suit were directed to maintain status quo on spot with regard to the suit property; that despite passing of the status quo order, respondent No.2 alongwith his family members i.e. defendants in the said suit had tried to obstruct the proforma- respondent and his family members to use the path, therefore, the proforma- respondent has moved an application for implementation of order dated 28.05.2014 through police and the Court of Munsiff, Jammu passed an order dated 16.04.2015 whereby the interim order of status quo dated 28.05.2014 was directed to be implemented on spot by SHO Police Station, Janipur Jammu; that on 17.04.2015, Police of Police Station, Janipur Jammu had come on spot and implemented the order dated 28.05.2014 in presence of proforma-respondent, respondent No.2 and family members of respondent No.2 and at the said relevant time, the petitioners were not present on spot; that petitioner No.2 namely Shiv Kumar Kataria is Junior Engineer in BSNL and was posted at office of the DE Bts BSNL Jammu whereas petitioner No.3 namely Anurodh Kataria is Generator Operator and was on duty at Uflex Limited, Lane No.3, Phase-I, Bari Brahmana Samba on 17.04.2015 but despite that respondent No.2 has moved a false and frivolous application titled Ravi Kumar Vs. Gopal Krishan & ors. before the Court of learned Munsiff, Jammu under Section 156(3) Cr.P.C. for directing the Incharge Police Station Janipur to lodge an FIR against the petitioners and proforma- respondent on various false and frivolous facts without approaching the police authorities and consequent upon filing of this application before the Court of learned Munsiff, Judicial Magistrate Jammu, the learned Magistrate 561-A Cr.P.C. No.335/2016 & MP No.01/2016 Page 2 of 7 without appreciating the fact that the application does not disclose the commission of cognizable offence and the complainant/respondent No.2 before filing of the application under Section 156(3) Cr.P.C. has not complied with Section 154(1) and 154(3) Cr.P.C., passed an order dated 22.04.2015 whereby the police of Police Station Janipur was directed to investigate the matter; that after registration of FIR, investigation of the matter has started and the petitioners have approached the police and co- operated with the Investigating Agency.
Allahabad High Court Cites 10 - Cited by 1 - A Saran - Full Document

State Of U.P vs Krishna Gopal & Anr on 12 August, 1988

1. This Petition has been filed under Section 561-A Cr.P.C. seeking quashment of the complaint/application titled Ravi Kumar vs. Gopal Krishan & ors. filed by respondent No.2 under Section 156(3) Cr.P.C. and order dated 22.04.2015 passed by learned Judicial Magistrate 1st Class (Munsiff), Jammu in the said application for investigation; also for quashing FIR No.88/2015 dated 26.04.2015 registered against the petitioners in Police Station, Janipur Jammu for the commission of offences punishable under Sections 147, 427, 506 RPC pursuant to the order passed by learned Magistrate; and consequently for quashing of Police Challan titled State vs Gopal Krishan & ors. pending disposal before the Court of learned Special Railway Magistrate, Sub-Judge, Jammu; and proceedings initiated thereon by learned Magistrate.
Supreme Court of India Cites 11 - Cited by 381 - A P Sen - Full Document

Bans Gopal vs Mewa Ram And Anr. on 17 December, 1929

2. Facts giving rise to filing of the instant petition are that respondent No.2 alongwith his father- Mela Ram and brother-Kavi Kumar has tried to encroach upon the path of proforma-respondent forcibly & illegally and proforma-respondent in order to prevent them has filed a civil suit titled Gopal Krishan vs. Mela Ram & ors. which was assigned to the Court of learned Munsiff, Jammu and learned Munsiff Jammu on 28.05.2014 was pleased to pass an order whereby the parties to the suit were directed to maintain status quo on spot with regard to the suit property; that despite passing of the status quo order, respondent No.2 alongwith his family members i.e. defendants in the said suit had tried to obstruct the proforma- respondent and his family members to use the path, therefore, the proforma- respondent has moved an application for implementation of order dated 28.05.2014 through police and the Court of Munsiff, Jammu passed an order dated 16.04.2015 whereby the interim order of status quo dated 28.05.2014 was directed to be implemented on spot by SHO Police Station, Janipur Jammu; that on 17.04.2015, Police of Police Station, Janipur Jammu had come on spot and implemented the order dated 28.05.2014 in presence of proforma-respondent, respondent No.2 and family members of respondent No.2 and at the said relevant time, the petitioners were not present on spot; that petitioner No.2 namely Shiv Kumar Kataria is Junior Engineer in BSNL and was posted at office of the DE Bts BSNL Jammu whereas petitioner No.3 namely Anurodh Kataria is Generator Operator and was on duty at Uflex Limited, Lane No.3, Phase-I, Bari Brahmana Samba on 17.04.2015 but despite that respondent No.2 has moved a false and frivolous application titled Ravi Kumar Vs. Gopal Krishan & ors. before the Court of learned Munsiff, Jammu under Section 156(3) Cr.P.C. for directing the Incharge Police Station Janipur to lodge an FIR against the petitioners and proforma- respondent on various false and frivolous facts without approaching the police authorities and consequent upon filing of this application before the Court of learned Munsiff, Judicial Magistrate Jammu, the learned Magistrate 561-A Cr.P.C. No.335/2016 & MP No.01/2016 Page 2 of 7 without appreciating the fact that the application does not disclose the commission of cognizable offence and the complainant/respondent No.2 before filing of the application under Section 156(3) Cr.P.C. has not complied with Section 154(1) and 154(3) Cr.P.C., passed an order dated 22.04.2015 whereby the police of Police Station Janipur was directed to investigate the matter; that after registration of FIR, investigation of the matter has started and the petitioners have approached the police and co- operated with the Investigating Agency.
Allahabad High Court Cites 1 - Cited by 5 - Full Document
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