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2017 Supreme(Del) 1653

S.P.GARG
Surjit Singh – Appellant
Versus
State (NCT of Delhi) – Respondent


Advocates Appeared:
For the Petitioner:Ms. Aishwarya Rao, Advocate.
For the Respondent: Ms. Meenakshi Dahiya, APP.

JUDGMENT :

S.P. GARG, J.

1. Present petition under Section 482 Cr.P.C. has been preferred by the petitioner for quashing of FIR No.613/2014 registered under Section 376 IPC at PS Kotwali. Status report is on record.

2. I have heard the learned counsel for the parties and have examined the file. Learned counsel for the petitioner urged that the allegations levelled by the prosecutrix in the instant case against the present petitioner are false. The petitioner is aged around 65 years and has served the Indian Army for around 20 years. Thereafter, he worked as a teacher since January, 1989 and retired in September, 2009. The FIR lodged by the prosecutrix is at the behest of Mr. Manoj Vashisht (since deceased), CMD of M/s. RCS Parivar Finance Ltd. against whom the petitioner had led a crusade to recover the invested money. Learned counsel further urged that upon investigation, it was found that the petitioner had never stayed at Tara Hotel, Cycle Market, Chandni Chowk, on 29.07.2013 when allegedly the prosecutrix was sexually assaulted. A closure report was filed by the investigating agency under Section 173 Cr.P.C. The delay in lodging the FIR has not been explained. Learned APP urged th









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