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1982 Supreme(SC) 113

V.D.TULZAPURKAR, BAHARUL ISLAM
Manju Gupta – Appellant
Versus
Lt. Col. M. S. Paintal – Respondent


JUDGMENT

TULZAPURKAR, J.:— In this appeal the question raised is whether the process issued by Shri Om Prakash, Metropolitan Magistrate, New Delhi, against the appellant (Smt. Manju Gupta) for an offence under Ss. 467/471 read with S. 34, I.P.C. on a complaint filed by the respondent (Lt. Col. M. S. Paintal) should be quashed or not? The appellants attempt to get it quashed under S. 482, Cr. P. C. failed before the Delhi High Court and hence this appeal. After hearing counsel on either side at great length we were satisfied that the said process should be quashed and by our order dated 26th April, 1982 we directed accordingly and observed that the reasons would follow. We are now indicating our reasons for the order.

2. The facts in brief are these : The complainant-respondent is the owner/landlord of premises bearing Municipal No. C-221, Sarvodaya Enclave, New Delhi; he had let out the ground floor of the said premises to South Delhi Public School through Surinder Nath (accused No. 1, being the husband of the appellant) at the monthly rent of Rs. 1,000, the school is run by a Registered Society known as Cosmopolitan Society of Education Research and Child Welfare, of which the appe









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