( 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