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2013 Supreme(Del) 1322

SUNITA GUPTA
Devinder Pal Singh – Appellant
Versus
State – Respondent


Advocate Appeared:
For the Petitioner:Mohit Mathur, Ms. Daman Kohli, Sahil Bhattacharya, Advocates along with in person.
For the Respondents:Ms. Kusum Dhalla, APP, M.L. Meena, Inspector with DIG, R2, A. Mohanty, Advocate.

Judgment :

Sunita Gupta, J.

1. This is a petition u/s 439(2) read with Section 482 of the Code of Criminal Procedure, 1973 moved by the petitioner for quashing the order dated 22.05.2013 whereby respondent no.2 was granted anticipatory bail. It is the case of the petitioner that accused/respondent no.2 sold a plot bearing No.J-262, New Alipore, Kolkata for a consideration of Rs. 60 lakhs and further took another Rs. 33 lakhs on the pretext of helping the complainant to obtain possession of the plot. When the possession was not delivered, then on inquiry the complainant came to know that he has been cheated by the accused as the papers turned out to be forged and fabricated, as such, a complaint was made to the police on 15.12.2009. However, no action was taken on the complaint and a report was submitted that no cognizable case was made out. Thereupon a complaint was made by the complainant before learned Metropolitan Magistrate. Vide order dated 30.08.2012, the SHO, P.S. Defence Colony was directed by the learned Metropolitan Magistrate to register FIR and investigate into the offences alleged by the complainant. Pursuant thereof FIR No.93/2012 was registered u/s 420/467/468/471/12























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