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2015 Supreme(Del) 2712

SURESH KAIT
Surender Kumar Sharma – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Petitioner in person
For the Respondents: Mr. Ravi Nayak, Additional Public Prosecutor for State with SI Avdhesh Kumar, P.S. Farsh Bazar

JUDGMENT :

SURESH KAIT, J.


1. This petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as ‘Cr.P.C.’) has been filed for quashing the order dated 07.08.2014 passed by the learned Metropolitan Magistrate, Karkardooma Court, Delhi, thereby the police was directed to make further investigation of the case. Further seeks directions thereby quashing the FIR No.55/2002 registered at Police Station Farsh Bazar, Delhi, for the offences punishable under Sections 380/457/448/506/120-B of the Indian Penal Code, 1860 (hereinafter to be referred as ‘IPC’) and emanating proceedings thereto.

2. Brief facts of the case are that on 22.10.1946, father of the petitioner Late Sh. Narender Nath Sharma had filed a suit for partition and separate possession in respect of the property bearing Municipal No.476-A, measuring 280 square yards, situated at Teliwara, Shahdara, Delhi, against late Sh. Jagdish Saran and Others, in the court of Senior Subordinate Judge, Tis Hazari, Delhi, which was registered as Suit No.76/596/1937 of 1946/1952. Accordingly, on 25.08.1952, the learned Sub-Judge, First Class, Delhi, decreed the suit of petitioner’s father titled as “Narender



























































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