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2020 Supreme(Del) 172

ANU MALHOTRA
Amit Aggarwal – Appellant
Versus
State NCT of Delhi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Prateek Gupta & Ms. Abhilasha Duggal, Advs.
For the Respondent: Mr. Kewal Singh Ahuja, APP with SI Amit Aggarwal & ASI Manoj Raghav, Mr. Maninder Singh, Mr. Saukalp Kohli, Mr. Aahil Arora & Mr. Vikram Kalra, Advs. for complainant.

JUDGMENT :

ANU MALHOTRA, J.

1. The applicant seeks grant of anticipatory bail under Section 438 r/w Section 482 of the Cr.PC, 1973 in relation to allegations levelled against him qua FIR No.11/2020, PS Maurya Enclave, under Sections 325/354/506/34 of the Indian Penal Code, 1860.

2. Notice of the application was issued to the respondent no.1/the State and to the complainant of the FIR in question. The status report has been submitted on behalf of the State dated 20.02.2020 under the signatures of the SHO, PS Maurya Enclave, which reads to the effect:

    “……..

Complainant alleged in her complaint that accused Amit Aggarwal is her neighbor and stays in the same building at Ground floor. Amit has carried out illegal construction and has encroached upon the common area at the ground floor near stair case. Due to this encroachment, water drainage pipe of her residence was damaged and to make it functional, a temporary bent was fixed. Due to this bent, the drainage pipe often used to get blocked. In this regard, whenever her husband requested Amit to get their drainage pipe repaired but he refused and started mis-behaving with her husband. She further alleged, on 6-11-2019, her husband went out f

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