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J.B.GOEL
Ashok Kaushik – Appellant
Versus
State – Respondent


JUDGMENT

J.B. Goel, J. - In this petition under Section 482 of the Code of Criminal Procedure for short 'the Code') and Articles 226 arid 227 of the Constitution of India, the petitioner challenges the legality and correctness of the two orders, one dated 1-2-1994 taking cognizance of the offence against the petitioner and. the other dated 21-2-1995, passed by the learned Metropolitan Magistrate (M.M.) (case FIR No. 516/92, P.S. Malviya Nagar, New Delhi) whereby the petitioner's applications under Section 294 read with Section 311 of the Code have been dismissed.

2. A prayer has also been made that in the facts and circumstances of the case the proceedings arising of the FIR are liable to be quashed against the petitioner.

3. Briefly, the facts giving rise to the present case are that one Smt. Sushila Wadhwa (now deceased) was the owner of property bearing No. E-1/16, Malviya Nagar, New Delhi, formerly a single storeyed house. She had/sent a complaint dated 2-10-1992 to the Commissioner of Police and others on which FIR No. 516/92 was registered at Police Station Malviya Nagar. New Delhi on 2-11-1992 under Sections 420/468/471/ 342/ 165-B; and after completing investigation a repo

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