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2000 Supreme(Del) 1086

S.K.AGARWAL
RAJIV KUMAR SADH – Appellant
Versus
GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI – Respondent


Advocates Appeared:
Mohinder Saini, P.K.BEHL, RANDHIR JAIN

S. K. Agarwal

( 1 ) THE petitioners in this petition under S. 482 of the Code of Criminal Procedure (for short Criminal Procedure Code) have prayed for quashing the order dated 25/12/1996 passed by the Court Ms. Raj Rani Mitra, M. M. , New Delhi directing the police to investigate the complaint against petitioners, by respondent No. 2, under Section 156 (3) Criminal Procedure Code and the order dated 3/02/1997 dismissing the application praying for recalling the said order, holding that the petitioner has no locus standi. It is alleged that petitioner No. 1 (here-in-after the petitioner) had been doing business of garments and the same was closed in 1995. Consequently claims of all the creditors were settled against written discharge. One of the parties with whom the petitioner had settled the accounts was the family concern of respondent No. 2. Copy of the alleged settlement has been placed on record. It is alleged that the complainant, with an intent to harass the petitioner and to blackmail him, lodged a false report with Crime Branch of Delhi Police. The petitioner on receipt of notices filed a petition Crl. M (M) 2441/96 under Section 438 Criminal Procedure Code for anticipator









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