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2015 Supreme(Del) 3541

A.K.PATHAK
Babu Lal – Appellant
Versus
State – Respondent


Advocates:
In W.P. (Crl.) No. 808 of 2014
For the Petitioner:Mr. K.K. Jha Kamal, Advocate.
For the Respondents: Mr. Saleem Ahmed, Standing Counsel (Crl.) with Ms. Charu Dalal, Adv. along with IO ASI Jagpal, P.S. DIU West Distt.
For the Respondent 2 & 3:Mr. Sachin Kumar, Advocate.
In W.P. (Crl.) No. 874 of 2014
For the Petitioner:Mr. K.K. Jha Kamal, Advocate.
For the Respondent: Mr. Rajesh Mahajan, Addl. Standing Counsel with Ms. Shinjan Jain, Adv. along with ASI Jagpal Singh, DIU West Distt.
For the Respondents Nos. 2 & 3:Mr. Sachin Kumar, Advocate.

JUDGMENT :

A.K. Pathak, J.:-- (Oral)

1. Both the writ petitions arise from the same FIR, thus, are disposed of together by this common order.

2. By way of present writ petitions under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.), petitioners have challenged the order dated 30th November, 2012 of the Metropolitan Magistrate, whereby cognizance of offences in the FIR No. 426/2009 under Sections 420/468/471/120-B IPC registered at Police Station Paschim Vihar has been taken.

3. FIR was registered pursuant to the directions of the Metropolitan Magistrate, Delhi under Section 156(3) Cr.P.C. on the complaint of Suresh Kumar and his brother Ramesh Kumar. It was alleged in the FIR that complainant had purchased a property bearing No. B-2/39, Paschim Vihar, Delhi on 3rd December, 1981 from the petitioners vide General Power of Attorney, Special Power of Attorney, Agreement to Sell, Will etc., all dated 3rd December, 1981. Documents were executed by petitioner-Raghu Nath Singh in favour of the complainant. Property was purchased against consideration, inasmuch as, payment was acknowledged by way of a registered receipt












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