MOHD YUSUF KHAN Vs. STATE

JUDGEMENT

(1.) By filing the present petition under Section 482 Cr.P.C., the petitioner Mohd. Yusuf Khan challenged order dated 18.04.2013 passed by learned District and Sessions Judge (South), Saket Courts, New Delhi whereby the criminal revision petition filed by the petitioner was dismissed.

(2.) Shorn off unnecessary details, it is suffice to mention that the petitioner filed a complaint under Section 200 Cr.P.C. for the offences punishable under Section 420/467/468/471/506 IPC. The petitioner also moved an application under Section 156(3) Cr.P.C. seeking directions to the SHO for registration of the FIR.

(3.) On the prayer under Section 156(3) Cr.P.C., the Metropolitan Magistrate called for Action Taken Report (ATR). The police filed a Action Taken Report stating that the alleged accused persons namely, Habib Khan, Khairunisha, Yakub Khan and Smt. Qutaban, Smt.Sabina and Smt.Ayuba had not signed any family settlement and the same is forged. It was also mentioned that various other matters are going on between the complainant and the accused. Vide order dated 02.01.2013, learned Metropolitan Magistrate dismissed the application after considering the averments made in the complaint under Section 156(3) Cr.P.C. and directed the petitioner to lead pre-summoning evidence.