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2010 Supreme(SC) 469

ALTAMAS KABIR, ANIL R.DAVE
S. P. Gupta – Appellant
Versus
Ashutosh Gupta – Respondent


JUDGMENT

Altamas Kabir, J. —

1.In this Special Leave Petition, the Petitioner, S.P. Gupta, has challenged the order dated 19th February, 2008, passed by the learned Single Judge of the Delhi High Court in Crl.M.C. No.847 of 2005, dismissing the Petitioner’s application under Section 482 Cr.P.C. for quashing of the Criminal Complaint No.932 of 1992, instituted against the Petitioner and the other co-accused by the Complainant (father of the Respondent) under Section 420 read with Section 120-B of the Indian Penal Code.

2.By an order dated 7th April, 1992, the learned Metropolitan Magistrate, New Delhi, issued summons to the Petitioner, Accused No.1 Smt. Motian Devi Lamba and Accused No.4 Shri G.R. Singhal under Section 420 read with Section 34 IPC. The Revision Petition filed against the said order issuing summons having been dismissed by the Additional Sessions Judge, New Delhi, on 8th February, 2005, the Petitioner moved the Application under Section 482 Cr.P.C. before the High Court.

3.Having regard to the allegations in the complaint, the learned Single Judge of the High Court dismissed the said application upon holding that upon reading the complaint, it was not possible to conclu














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