SHYAM SUNDER VIJAY Vs. STATE OF U P

JUDGEMENT

(1.) POONAM Srivastava, J. Heard Sri S. S. Chauhan, learned Counsel for the petitioner and learned A. G. A. for the State.

(2.) THE petitioner is aggrieved from the orders passed by the Additional Chief Judicial Magistrate, Kasganj, Etah dated 1-11-2000 refusing to issue a direction to register and investigate the allegations made in an application under Section 156 (3) Cr. P. C. and the revisional order dated 20-1-2007 passed by Additional Sessions Judge, Etah. THE grievance of the petitioner is that the respondent No. 2 is illegally occupying the position of Secretary and Manager of Kothiwal Adhhatiya Post Graduate College, Kasganj. THE allegation is that the respondent has committed fraud and manufactured certain documents with an ulterior motive to usurp the seat of the Manager as well as Secretary of the Society. THE alleged act of forgery is regarding the membership of the member of General Body, who are to participate in the election before the Deputy Registrar, Chits Funds and Societies, Agra Division, Agra. THE allegation is that the respondent No. 2 tampered and fabricated certain words and lines in the affidavits in the proceedings relating to the election of the society, which is to be held in accordance with amended Bylaws. A complaint was made before the Deputy Registrar, who decided the matter in favour of the respondent No. 2 Another complaint was given to the S. S. P. Etah for a direction to S. H. O. , Police Station Kasganj to register a First Information Report, since the Deputy Registrar declined to initiate proceedings and no report was lodged. THE instant application was moved before the Magistrate for a direction to the. concerned police station to register and get the matter investigated. THE learned Magistrate came to a conclusion that the allegations can very well be looked into after obtaining evidence of the handwriting expert etc. and therefore, directed the application to be registered as a complaint case. Learned Counsel for the petitioner has placed reliance on a decision of this Court in the case of Rampal Singh v. State of U. P. , 2007 (1) JIC 205 (All) : 2007 (57) A. C. C. 61.