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2023 Supreme(Del) 398

AMIT MAHAJAN
Mamta Nagpal – Appellant
Versus
State of GNCTD – Respondent


Advocates Appeared:
For the Petitioner: Mr. Vikram Singh Dahiya.
For the Respondents: Ms. Priyanka Dalal, APP, Ms. Mansi Gupta, Ms. Payal Jain & Mr. Sumit Kumar.

JUDGMENT :

1. The present petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) is filed challenging the common judgment / order dated 03.01.2022, passed by the learned Additional Sessions Judge (ASJ) (hereinafter referred as “the impugned order”) in Criminal Revision No.167/2020 and Criminal Revision No.168/2020.

2. The learned Metropolitan Magistrate, in a complaint under Section 156(3) CrPC being C.C. Number 3379/2020 filed by petitioner/ complainant, by its order dated 19.12.2020 directed registration of FIR under section 405, 406, 410, 411, 414 of the Indian Penal Code, 1860 (IPC), against Baruna Madan (Respondent No. 2), Ms. Manika Madan (Respondent No. 3) and Ms. Lalita Thakur. The said order was set aside by the impugned order in revision Petitions number 167/2020 and 168/2020 filed by Respondent No. 2 and 3 respectively, which has led to filing of the present petition.

Brief facts

3. The petitioner filed a complaint under Section 156(3) r/w 200 Cr.P.C. on 18.09.2020 before the Ld. Metropolitan Magistrate. It has been alleged by the petitioner in the complaint that :

    3.1. Petitioner is the owner of property bearing No. A-38/1, Mayapuri Industrial Area, Phase-

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