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2010 Supreme(Del) 626

SHIV NARAYAN DHINGRA
ARVIND KUMAR ADUKIA – Appellant
Versus
STATE OF NCT OF DELHI – Respondent


Advocates appeared:
Mr Jugal Wadhwa, Advocate
Mr O.P. Saxena, Addl. PP for the State.
Mr. Rajesh Yadav, Advocate for R-2

JUDGMENT

1. This petition has been preferred assailing an order dated 15th May, 2009 passed by learned Additional Sessions Judge (ASJ) whereby the learned ASJ discharged the accused of offence under Section 420/468/471/409/120-B IPC.

2. Brief facts relevant for the purpose of deciding this petition are that the petitioner filed a complaint under Section 156(3) of Cr. P.C. for registration of FIR and in his complaint he alleged that the accused persons including court Bailiff in execution of an ex-parte decree for possession of the premises visited the residence-cum-shop of the complainant and at that time accused in connivance with Court Bailiff, committed various offences namely theft, forging of documents and preparation of a forged list of articles lying in the house. He submitted that lock of the house was broken and all articles were taken out. He alleged that a forged superdarinama was also prepared by the Bailiff. The learned MM, on the basis of this complaint, got an FIR registered and Bailiff and the Decree Holder were sent for facing trial and the charges were framed against them. One of the accused expired during trial. In revision against the order of MM, the lear









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