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Ram Avtar Aggarwal vs Naresh Kumar on 4 May, 2012 cites

Ram Avtar Sah vs Ram Naresh Prasad on 28 October, 2009

It is noticeable that a Civil Suit with regard to property in question between the parties is already pending Ram Avtar Vs. Naresh Kumar & Ors. ­ CR No. 30 of 2012 4/5 ID No. 02406R0102152012 adjudication before the Hon'ble High Court. It is also worthwhile to mention that an FIR with respect to property in question has already been registered and the case is pending trial before the Court. In view of the aforesaid observations, the request to refer the matter for investigation u/s 156(3) Cr.P.C. is declined". Admittedly a Suit No. 1877 of 2011 has been filed by the respondent no. 1/Naresh Kumar against the revisionist/Ram Avtar and Respondent No. 2 and a suit has been filed by the revisionist for seeking declaration "that the power of attorney and other documents executed by Respondent No.1 and other are forged". Indisputably, an FIR No.137/11, Police Station Greater Kailash­I has already been registered at the instance of revisionist Ram Avtar as regard the property in question. Considered as a whole, facts and circumstances shows that it is not at all a case, where police assistance is required for breaking the case. In the circumstances of the case, this Court is of the considered view that Learned Trial Court was justified in declining the request of the complainant to issue directions to police under Section 156 (3) of the code and finds no error in the impugned order. No interference, thus, is called for by this Court. Revision petition is dismissed. Copy of this order alongwith TCR be sent back to Learned Trial Court. Revision file be consigned to Record Room.
Patna High Court - Orders Cites 2 - Cited by 3 - Full Document
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