FIREARM RAM CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned Counsel for the applicant and the learned A.G.A.

(2.) As aggrieved between the parties this application is being finally disposed off at the admission stage itself. The applicant Fireram son of Ram Chandra, resident of Village Tilpata Karanvas, Pargana and Tahsil Dadri, P.S. Surajpur, District Gautambudh Nagar filed an application under Section 156(3) Cr.P.C. before the court of C.J.M. Gautambudh Nagar on 22.8.05 with the allegation that the respondent No. 1 Rakesh Kumar got a fake and fabricated sale deed executed through Smt. Murti wife of Babu and Smt. Nanho wife of Pali both resident of Davli. As the said application under Section 156(3) Cr. P.C. was not being disposed of by the trial court, the applicant approached this Court vide criminal misc. application No. 14249 of 2005. The aforesaid criminal miscellaneous application filed by the applicant was disposed off on 30.9.05 by Hon'ble Mrs. Poonam Srivastava, J. with the direction to the trial court to decide the aforesaid application under Section 156(3) Cr. P.C. filed by the applicant within a period of four weeks from the date of certified copy of that order produced before him.

(3.) The applicant filed the aforesaid order passed by this Court, referred to above along with an affidavit-dated 10.10.05. A copy of the affidavit as well as the application filed before C.J.M. concerned appending therewith the order passed by this Court on 30.9.05 have been appended as annexure Nos. 3 and 4 to the affidavit along with this application. The C.J.M. concerned vide order dated 25.2.06 rejected the application of the applicant under Section 156(3) Cr. P.C. on the ground that it was for the civil court to cancel the sale deed and relief can be sought from the civil court.