SHANTI Vs. STATE

JUDGEMENT

(1.) This criminal revision petition under Sec. 397 read with Sec. 401 Cr.P.C. has been preferred against the order dtd. 5/7/2000 passed by the learned Additional Sessions Judge No.1, Hanumangarh, Camp Sangaria ('revisional court') in Criminal Revision Petition No.94/96 (90/96), whereby while allowing the revision petition filed by accused-respondent No.2-Madan Lal, the order dtd. 19/1/1996 passed by the learned Additional Chief Judicial Magistrate, Sangariya ('trial court') in the complaint submitted by complainant/petitioner, was quashed and set aside; vide the said order dtd. 19/1/1996, the learned trial court, while declining to accept the negative final report submitted before it by the police, took cognizance against accused- respondent No.2-Madan Lal under Ss. 465 and 468 IPC.

(2.) Learned counsel for the complainant/petitioner submitted that on 20/11/1995 (as mentioned in the revisional order), a complaint was lodged by complainant/petitioner-Smt. Shanti d/o Late Sultan and Late Ankauri, before the learned trial court. It was mentioned in the said complaint that Sultan, father of the present complainant, was having an agricultural land (kabza kasht) comprising Chak 12 PTP, 15 PTP, 16 PTP, 17 PTP and 3 KRW and 9 IDG; after Sultan's death, the entire land of the said chaks, under inheritance, was entered in the name of his son Late Lal Chand (brother of the present complainant-Shanti).

(3.) On the other hand, learned counsel Public Prosecutor as well as learned counsel for the accused-respondent opposed the aforesaid submissions made on behalf of the complainant/petitioner.