SHIV MURAT Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Sanjay Kumar Srivastava, learned counsel for the revisionist and Shri Rajendra Singh, learned A.G.A. for the State.

(2.) The present revision has been preferred questioning the order dtd. 28/5/2024 passed in Complaint Case No. 575 of 2019 ( Shiv Murat Vs. Nirmala Devi and others) by the court of Additional Chief Judicial Magistrate, Court No. 15, Prayagraj whereby the exercise of the power under Sec. 203 Cr.P.C., the complaint case has been rejected.

(3.) Learned counsel for the revisionist has submitted that on 16/8/2016 a piece of demise land was purchased by the wife of the revisionist from Kalpana Mishra. However, Kalpana Mishra along with Nirmala Devi thereafter executed another sale deed on 14/8/2018 whereby the land which had already been transferred to the wife of the revisionist was included. He submits in para 15 of the stay application appended to the revision, it has been stated that Smt. Kavita, wife of the revisionist has already approached the civil court, Allahabad/Prayagraj by filing an Original Suit No. 427 of 2018 against the private respondent for permanent injunction.