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Deepak Gaba vs State Of Uttar Pradesh on 2 January, 2023

On comparing the signatures on passport of Suresh Mohan Thakur produced by the Complainant and alleged forged Sale deed, this Court found some variations in both the signatures. Variations in the signature could be on account of variety of factors. It is not safe and proper to infer forgery only on the basis of minor variations in both the signatures. The Signature on the sale deed is of year 1965, while the signature on passport is of the year 2010. From perusal of complaint, it appears that a Title Suit no 362/2017 has already been filed by the Complainant against accused alleging therein that survey entry in the name of Arun Kumar Choudhary is illegal and not operative. It is apt to mention here that Hon'ble Supreme Court in Deepak Gaba and Ors v State of Uttar Pradesh, 2023 SCC OnLine SC 3 has stated that "... .... this Court, in a number of cases, bar noticed attempts made by parties to invoke jurisdiction of criminal courts, by filing vexatious criminal complaints by camouflaging allegations which were ex facie of pure civil claims. These attempts are not to be entertained and should be dismissed at the threshold.
Supreme Court of India Cites 23 - Cited by 26 - J K Maheshwari - Full Document
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