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1996 Supreme(Del) 745

S.K.MAHAJAN
HARPHOOL SINGH – Appellant
Versus
STATE OF DELHI – Respondent


( 1 ) BEING aggrieved by the order of learned Additional Sessions Judge framing the charges against the petitioners under sections 418/468/471/448/34 IPC, the petitioners have filed this petition under Section 482 of the Code of Criminal Procedure (in short referred to as the "code") for quashing the same and for discharging them from the case. The facts in short which are relevant for purposes of deciding the present petition are :

( 2 ) THAT on March 1, 1988 one Jagjit Singh, the complainant filed a complaint with the police alleging inter alia that he was the owner of land being plot No. 46 measuring 150 sq. yds. in khasra No-502, village Nawada, Bhagwati Garden, Nazafgarh Road, New Delhi and that the same had been unauthorisedly occupied by some persons. On the basis of the investigation carried out by the police on the said complaint, it came to its knowledge that the petitioners had occupied the same and FIR under Section 448/34 Indian Penal Code was, therefore, registered against them. On further investigation it came to the notice of the police that one Mr. Naval Singh was the owner of this land; he had sold it in May. 1974 as plot No. 46 measuring 150 sq. yds. to Jagjit Sin








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