AMBER KHANDELWAL Vs. SATYANARAYAN KHANDELWAL

JUDGEMENT

(1.) The petitioner filed this petition under Section 482 of Cr.P.C. for quashing the impugned order dated 30.11.2018 passed by the Court of 3rd Additional Sessions Judge, Umariya in Cr.R.No.48/2017; whereby the order dated 06.09.2017 passed by the C.J.M., Umariya in an unregistered criminal complaint case confirmed in rejecting the Criminal Revision filed by the petitioner.

(2.) The facts given rise to this case in short are that petitioner Ambarlal Khandelwal filed a complaint alleging that respondent No.2 Smt. Ashwini Khandelwal along with his six years' son came in contact with father of the complainant Satyanarayan Khandelwal and started living with him along with her six years' son. She was previously married with Prashant Vijay Khandelwal. Her son Palash Khandelwal was previously studied in Central School Naurojabad, District Umariya and after that on the basis of his Transfer Certificate she entered her son in Class-3 of Central School, Umariya, where his father's name is written as Satyanarayan Khandelwal instead of Prashant Vijay Khandelwal. She with intention to usurp the property of Satyanarayan Khandelwal, for which she conspired with other person and got entered the name of Satyanarayan Khandelwal as a father of child Palash.

(3.) Petitioner in complaint as a complainant recorded his statement under Section 200 of Cr.P.C. and also recorded the statements of witness Chimanlal Khandelwal, Shailendra Kumar Gautam and Harideen Gupta under Section 202 of Cr.P.C. before the Court of Chief Judicial Magistrate, Umariya. The case was fixed for the argument for the registration of the complaint, but on 06.09.2017 Chief Judicial Magistrate Court passed an order that Satyanarayan Khandelwal and Smt. Ashwini Khandelwal are the main person, who executed an affidavit and on the basis of that affidavit name of Satyanarayan Khandelwal got entered as a name of the father of Palash Khandelwal. On that basis Court vide order dated 06.09.2017 ordered to the complainant to examine Satyanarayan Khandelwal as a witness.