( 1 ) IN this petition under Section 482 of the Code of Criminal Procedure (for short the Code ) and Articles 226 and 227 of the Constitution of India, the petitioner challenges the legality and correctness of the two orders, one dated 1/2/1994 taking congnizance of the offence against the petitioner and the other dated 21/2/95, 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 2/10/92 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 report under Sectin 173 of the Code was submitted to the effect that a case for offences under Sections 420/468/471/342 Indian Penal Code is made out against Hardeep Singh (A-1), Raj Kumar Sharma (A-2) who were challaned, and Ashok Kaushik, Padam Singh, Ram Sarup and Nikhilesh Kumar Sharma @ Tara were shown in Column 2.

( 4 ) RAM Sarup and Padam Singh had not been arrested whereas the petitioner was on interim anticipatory bail under the order of this Court. A supplementary challan was filed against him, cognizance of which was taken on 1/2/1994.

( 5 ) IN the aforesaid complaint dated 2/10/92 it is alleged that the aforesaid property was a single storey house and that the complainant Smt. Sushila Wadhwa had entered into an agreement with Hardeep Singh (A-1) in December, 1990 for raising construction of basement, ground floor, first floor and second floor whereby the complainant was to get ground floor, first floor and roof of second floor and Rs. two lakhs in cash whereas Hardeep Singh would get basement, first floor and second floor. Shri Hardeep Singh had occupied his aforesaid portionsbut has not paid the amount of Rs. 2 lakhs as agreed. It is then alleged that Nikhilesh Kumar Sharma @ Tara, Ashok Kaushik and Padam Singh had colluded with each other and forcibly obtained her signatures on blank papers under threat to kill her and also got executed general power of attorney and a Will both dated 28/5/1992 in favour of Nikhilesh Kumar Sharma. These documents were also got registered with the Sub-Registrar by them in her absence and when she came to know about it in September, 1992 through her tenant Hardeep Singh she submitted cancellation deed; that she had agreed to sell first floor to Hardeep Singh and Nikhilesh Kumar and Ashok Kaushik were pressing Hardeep Singh to purchase it from them, that Nikhilesh Kumar and Ashok Kaushik alongwith 3 other persons had abducted her in June, 1992, took forcible possession of ground floor and kept her in a house in Mehrauli for 3/4 days where from she was rescued by the police on 21/6/92 after Suresh Bhatia, husband of her niece had lodged a report with police on 19/6/92; she further alleged that Nikhilesh Kumar and Ashok Kaushik had agreed to pay a sum of Rs. 7. 5 lakhs as consideration of ground floor and had got executed a deed for sale; out of this amount Rs. 5 lakhs were deposited by them in her savings account with Punjab National Bank, Malviya Nagar, New Delhi and had promised to pay balance amount of Rs. 2. 5 lakhs which was promised to be paid within 45 days had not been paid to her.

( 6 ) BEFORE consideration of the framing of charge the petitioner moved an application on or about 22/3/94 under Sections 91 and 155 (3) Evidence Act for summoning of certain documents relating to the inquiry/investigtion made e