MAHMOOD AHMED KHAN Vs. MASOOR AHMED KHAN

JUDGEMENT

(1.) This petition under section 482 of Cr.P.C., 1973 has been filed to invoke the extraordinary jurisdiction of this Court and to set aside order dated 30/11/2017, passed by the learned JMFC, Jabalpur in Criminal Case No.14656/08, whereby the application for reexamination of the complainant/petitioner has been disallowed.

(2.) The factual matrix of the case in brief is that, the petitioner is the complainant in Criminal Case No.14656/08 in which, cognizance has been taken for offence under Section 406 of IPC against the Respondent. The respondent is the brother of the petitioner/complainant. It is alleged that, the petitioner/complainant had executed a power of attorney in the name of his brother, the respondent on 08/06/1990. The petitioner is the owner of the land, comprising Khasra No.44/1, 59, 60, 184 located at Madhotal in front of ITI, Jabalpur. The respondent/accused sold the land of the petitioner and misuse the power of attorney and misappropriate the amount received by him as compensation. The petitioner has filed the complaint case against the respondent.

(3.) During the course of the examination on 16/01/2013, the complainant could not exhibit the documents in support of the complaint. When the complainant realized the same, he filed an application for exhibiting the said documents; the said application was pending for long and the petitioner withdrew the same on 25/01/2016, so that the progress of the recording of evidence should continue.