GIRIZA DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) This revision has been preferred against the Judgment and order dated 16.12.1989 passed by the Second Additional Sessions Judge, Mirzapur in Criminal Revision No. 79 of 1989 allowing the revision against the order dated 6.9.1989 passed by the Chief Judicial Magistrate, Mirzapur in Criminal Case No. 738 of 1988.

(2.) Brief facts are that one Giriza Devi widow of late Kallu @ Ram Raj Singh moved an application to S.S.P., Mirzapur against three persons, namely, Mahendra Singh, Ashok Pathak and Badri Pathak alleging that they have got the sale deed executed in favour of Smt. Juvarati wife of Mahendra Singh of the property of Giriza Devi by personation. The S.S.P., Mirzapur directed to S.O. Jigna to enquire into the matter. The matter was inquired into and a report was submitted that case under Sections 419, 420, 647, 468, 471 I.P.C. was made out but the offence was committed within the territorial jurisdiction of Kotwali City, hence, F.I.R. was lodged in Kotwali City under section 419, 420, 467, 468, 471 I.P.C. in Crime No. 733 of 1989 against the accused Mahendra Singh, Ashok Pathak & Badri Pathak.

(3.) During investigation, thumb impression was taken for comparison and, at this stage, Ashok Pathak moved an application to the Investigating Officer that he cannot investigate into the matter as the matter was barred by Section 195 Cr.P.C. because a Civil Suit No. 612 of 1988 is pending in which sale deed has been challenged. The Investigating Officer obtained legal opinion from the prosecution officer and it was advised that case cannot proceed as it was barred by Section 195 Cr.P.C. Hence, F.R. Should be submitted. Accordingly, the Investigating Officer submitted F.R.The complainant Giriza Devi moved protest petition that F.R. may not be accepted and the case may be be sent for further investigation.