KHURSID KHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This petition has been brought being aggrieved by the order dated 28.06.2019 passed by the Fifth Additional Sessions Judge, Raigarh, District- Raigarh, C.G. in Criminal Revision No.111/2018 by allowing the revision petition and setting aside the order dated 07.06.2018 passed by the trial court and also further directing the trial Court to hear the matter afresh.

(2.) The brief facts of the case are these that respondent No.2 is a member of Scheduled Tribe. The property in dispute was recorded in the name of one Ghasram of whom the respondent no.2 was the successor. It is alleged that the applicant No.1, taking benefit of the illiteracy and ignorance of the respondent no.2, obtained her signature on pretext that he will help her in getting the mutation entered in the records and thereafter, on that basis, he prepared a forged power of attorney and made use of the same for registering a sale deed in the name of the applicants. The respondent No.2 has filed a private complaint, after making an inquiry under Section 202 of Cr.P.C., the trial Court has dismissed the complaint under Section 203 of Cr.P.C., vide order dated 07.06.2018.

(3.) Respondent No.2 then preferred a Criminal Revision No.111/2018 before the Sessions court in which the order of the trial Court has been set aside and direction has been issued for hearing the matter afresh.