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1999 Supreme(Del) 852

K.S.GUPTA
JUHI MODI – Appellant
Versus
NEERAJ GUPTA – Respondent


Advocates Appeared:
A.K.Bhasin, MUKTA GUPTA, Raman Sawhney

K. S. Gupta

( 1 ) THIS petition under Section 482, Cr. P. C. read with Article 227 of the Constitution of India seeks the quashing of an order dated 22nd February, 1999 passed by a Metropolitan Magistrate by which items listed at Nos. 1 and 8 of the seizure memo dated 15th October, 1998 were ordered to be delivered to Neeraj Gupta, respondent No. I on his executing superdiginarna in the sum of Rs. 30,000. 00.

( 2 ) IT is admitted case of the parties that after the registration of FIR No. 997/98 under Sections 406/498-A/34, Indian Penal Code PS Sriniwas Puri on the complaint made by the petitioner against her husband respondent No. 1 and others on 14th October, 1998, a raid was conducted by the Police and, amongst others, one double bed, one sofa set and one dressing table were seized from the bed room of petitioner and respondent No. 1. These items are listed at SI. Nos. 1 and 8 in the seizure memo dated 15th October, 1998. It is further not in dispute that on this application filed on 16th October, 1998 by the petitioner before the concerned Metropolitan Magistrate, by the order dated 17th October, 1998 the seized articles including at Nos. 1 and 8 were released in her favour on ex







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