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2014 Supreme(Del) 128

SUNIL GAUR
Satish Kumar Modi – Appellant
Versus
State – Respondent


Advocate Appeared:
For the Appellant:Aman Lekhi, Senior Advocate, Ms. Nisha Rohtagi, Mohit Mathur, Rishi Aggarwala, Ms. Nisha Rohtagi, Vinod Gupta, Rohit Gupta, Sanjay Jain, Senior Advocate, Sunil Sethi, Ms. Prabhsahay Kaur, Sarfraz Ahmad & Yash Srivastava, Vijay Aggarwal, Chaitali Jain, Ms Gousia Shah & Mohd. Adnan, Advocates.
For the Respondents:Mukesh Gupta, Additional Public Prosecutor, R2, SI Rajneesh Jayant Bhushan, Senior Advocate, Diwkar Maheshwari & Vinam Gupta, Advocates for Malapur Steel.

Judgment :

1. A common thread, which runs through the above - captioned four petitions, is that these petitions spring out of proceedings in FIR No. 31/2005 for the offences under Sections 4 06/409/418/420/120B of IPC, - registered at police station Palam Airport, Delhi . Since the facts in the above captioned four petitioners are so intertwined, therefore, these petitions were heard together and are being disposed of by one common -order.

2. In the above captioned first petition [Crl. M.C. No.1089/2012], an application under Section 340 of Cr.P.C. filed by petitioner has been dismissed by trial Court and learned Revisional Court vide impugned order of 14 th March, 2012 has maintained trial court's order dismissing petitioner's aforesaid application.

3. Challenge to the aforesaid impugned order is on the ground that by concealing and suppressing material facts, complainant/first - informant has managed to get FIR No. 31/1005 registered against petitioner and so, petitioner's application under Section 340 of Cr.P.C. could not be outrightly rejected, as at the stage of consideration of this application, it is only to be seen as to whether an enquiry should be made. At the hearing it was




















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