PREMWATI Vs. STATE OF U.P. & ANOTHER

JUDGEMENT

(1.) SUPPLEMENTARY affidavit filed today is taken on record. Heard the learned counsel for the petitioner and the learned AGA.

(2.) THE petitioner is challenging the order dated 15.11.2011, passed by Sessions Judge, Pilibhit in revision no.166 of 2011, whereby the revision preferred against the summoning order dated 9.11.2011 has been rejected in complaint case no.1976 of 2009 and summoned the petitioner along with other accused persons to face the trial under Sections 420, 467, 468, 471, 323, 504, 506 IPC.

(3.) THE prosecution case in a nutshell is that a fake power of attorney was prepared by the accused persons and on the basis of which fictitious photographs of other persons were affixed as of complainant and the sale deed was executed in the name of the petitioner. Along with the complaint a copy of power of attorney and sale deed including other materials were filed and on the basis of statements of the witnesses, the court below arrived at the conclusion that the prima facie offence is made out against the accused persons, hence passed the summoning order against the petitioner as well as other accused persons by order dated 9.11.2011, to face the trial under Sections 420, 467, 468, 471, 323, 504, 506 IPC. The petitioner, aggrieved by the said order preferred a revision before the revisional court, which was dismissed by the revisional court by order dated 15.11.2011.