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2017 Supreme(SC) 1068

A.K.SIKRI, ASHOK BHUSHAN
Chand Devi Daga – Appellant
Versus
Manju K. Humatani – Respondent


Advocates appeared:
For the Appellants :Garvesh Kabra, Ms. Pooja Kabra, Ms. Nikita Kabra Jaju, Advocates.
For the Respondents:Kaustubh Shukla, Deepayan Mandal, Rahul Shyam Bhandari, K. Tyagi, Advocates.

JUDGMENT

Ashok Bhushan, J.

This appeal has been filed against the judgment of the High Court of Chhatisgarh allowing an IA filed by the legal representatives of the petitioner in Criminal Misc. Petition. The respondents aggrieved by the order of the High Court dated 02.02.2017 has filed this appeal.

2. The brief facts necessary for deciding this appeal are: Smt. Chandra Narayan Das whose legal representatives are the respondent Nos.1 to 7 had filed a complaint against the appellants alleging offence under Sections 420, 467, 468, 471, 120B, 201 and 34 IPC. The husband of Smt. Chandra Narayan Das was a lease holder of a shop situated in the Civic Centre, Bhilai Steel Plant, Chhatisgarh. Shop No.12 was allowed in the name of the husband of appellant No.1 in the year 1959. Although, husband of the appellant No.1, a Member of Parliament had died in 1952 itself, it was alleged by the complainant that certain agreements were got executed by legal heirs of Member of Parliament which constituted commission of offence. The complaint was dismissed by the Magistrate vide order dated 26.02.2015 holding that prima facie case under Sections 420, 467, 468, 120B and 201/34 IPC is not made out against





























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