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2016 Supreme(Del) 285

SURESH KAIT
NEPAL SINGH – Appellant
Versus
STATE, NCT OF DELHI – Respondent


Advocate Appeared:
For the Appellant :Mr. R.M. Sinha, Advocate.
For the Respondent: Mr. Hirein Sharma, Additional Public Prosecutor for the State with Inspector Nipun Kumar, P.S. Shakarpur.
Mr. Pradeep Kumar Arya, Mr. Narinder Chaudhry, Mr. Pankaj Singh and Mr. Raj Karan Sharma, Advocates for Respondent No.2 with Respondent No. 2 in person.

JUDGMENT :

SURESH KAIT, J.

1. By way of this petition filed under Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’), petitioner seeks directions thereby quashing of FIR No.132/2015 registered at Police Station Shakarpur, Delhi, for the offence punishable under Sections 406/409/420/468/471 of the Indian Penal Code, 1860 (‘IPC’).

2. The aforesaid case was registered against the petitioner on the complaint of respondent No.2, who stated therein that the petitioner is the founder member of Shiksha Vihar Co-operative Housing Society Limited (for short ‘Society’), having registered office at 123-A, Aakanksha Apartment, Abhay Khand-III, Indrapuram, Ghaziabad, Uttar Pradesh. The said Society was registered in the year 1982. Since then, office of the Society had been located at R-61, Vikas Marg, Delhi, till the year 2000 and thereafter till 2005-2006 remained at Babarpur, Shahdra, Delhi.

3. It is alleged that the petitioner has misappropriated the funds of the Society to the tune of crores of rupees. The cost of the land of the aforesaid Society was worth Rs.350-375 Crores. The petitioner, the then Secretary, had purchased 17 bighas of land in the name of his brother with the fund





















































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