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2018 Supreme(Del) 482

I.S.MEHTA
Dharmender Choudhary – Appellant
Versus
Govt. of NCT of Delhi – Respondent


Advocates Appeared:
For the Petitioner: Mr. K.K. Manan, Mr. Ankush Narang, Ms. Shivani Kant & Mr. Bhavya Chauhan
For the Respondents: Mr. Izhar Ahmad, SI Deepak, Mr. Jayant K. Sud, Ms. Vaishali Soni & Mr. Honey Khanna

JUDGMENT :

I.S. MEHTA, J.

1. The petitioner Dharmender Choudhary is invoking the jurisdiction under Section 482 Cr.P.C. read with Article 227 of the Constitution of India, 1950 against the impugned order dated 23.05.2014 passed by the learned ASJ in Criminal Appeal No. 20/2011 title as Dharmender Choudhary v. State & Ors. wherein the learned ASJ has dismissed the appeal of the petitioner.

2. The brief facts stated are that an FIR No.700/97 under Sections 420/448/341/120-B IPC was registered on 01.07.1997 on the instance of Bhupender Choudhary and Dharmender Choudhary sons of Mr. M.S. Choudhary at police Station Lajpat Nagar, New Delhi alleging therein that on 14.05.1997 Mr. M.P.G. Singh had sold the property bearing No. C-111 East of Kailash, New Delhi to him i.e. Mr. Bhupender Choudhary and Dharmender Choudhary. As per the sale deed a part of aforesaid property was delivered to them on same day but the possession of the remaining portion could not be taken as it was in the possession of Alok Ahuja (Respondent No.3) who is the husband of the niece of M.P.G. Singh. On the same date i.e. 14.05.1997 petitioner’s family friend Ashwani Chugh shifted in the aforesaid portion and kept his pe










































































































































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