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2013 Supreme(Del) 2452

SUNITA GUPTA
Kadam Marketing Ltd. – Appellant
Versus
Delhi Development Authority – Respondent


Advocates:
For the Appellant : Mr. Mohit Mathur, Adv.
For the Respondent: Mr. Rajesh Mahajan, Adv.

JUDGMENT :

Sunita Gupta, J.

1. This is a petition u/s 482 Cr.P.C seeking quashing of Crl. Complaint bearing case No.130/2005 titled as DDA vs. Kadam Marketing Ltd. & Anr., pending in the Court of Mr. Naveen Gupta, learned Metropolitan Magistrate.

2. I have heard Mr. Mohit Mathur, Advocate for the petitioner, and Mr. Rajesh Mahajan, learned counsel for the respondent/DDA. Trial Court record has also been requisitioned.

3. As per the case of the respondent, on 14.01.2003, premises of the petitioner, bearing No.R-868, New Rajinder Nagar, New Delhi was inspected by Mr. Anil Kumar, Junior Engineer, DDA and the office was found to be running at ground floor and in violation of Master Plan of Delhi which provided for user of the premises for residential purpose only. As such, a complaint was filed against the petitioner/accused. Notice u/s 251 Cr.P.C was served upon the petitioner and the petitioner pleaded “not guilty” and claimed trial. The trial has been concluded and the matter is at the stage of final arguments.

4. It is the case of the petitioner that during the trial proceedings, they came to know that there has been a policy decision taken by Hon’ble Lt.Governor and vide order dated 19


















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