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2016 Supreme(Del) 200

SURESH KAIT
SHEETAL PRASAD SINGH – Appellant
Versus
STATE – Respondent


Advocates:
Advocate Appeared:
Mr. R.M. Bagai, Adv.
Mr. Panna Lal Sharma, APP for State with Inspr. Deepak Chand and SI Naresh Kumar, PS-EOW. Mr. Prasoon Kumr, Mr. Deepak Chander Pal and Mr. Ksitij Kumar, Advs. for R2.

JUDGMENT :

SURESH KAIT, J.

1. By way of the present petition filed under Section 482 Cr.P.C., petitioner seeks directions thereby quashing of FIR No. 356/2004 registered at PS-Maya Puri for the offences punishable under Sections 395/120B/34 of the IPC against him.

2. Though initially, the present petition was filed as W.P(Crl.) No.723/2012, however, vide order dated 21.05.2013 this Court directed this said petition to be treated as petition being filed under Section 482 Cr.P.C.

3. Ld. Counsel appearing on behalf of the petitioner submits that the aforesaid case was registered on the complaint of respondent no. 2, namely Yashvir Singh, whereby he stated as under:

“On 21.08.2003, about 1.30 pm, the complainant received a telephone call from his driver Satender Singh that 15/20 persons had robbed off his car No. DL 5CE 0037 at gun point. The complainant made a call at 100. A PCR Van came to his house and thereafter, he reached the place of incident. On the spot SHO Mayapuri had also come who made enquiries from his driver Satender Singh. Thereafter, both the complainant and driver Satender Singh were asked by SHO/Mayapuri to reach PS-Mayapuri. Complainant also informed that Piyush Kr. Sing




















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