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2023 Supreme(Del) 399

AMIT MAHAJAN
Mamta Nagpal – Appellant
Versus
State of Delhi – 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) has been filed, inter-alia, praying for setting aside 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.08/2021, Criminal Revision No.09/2021 & Criminal Revision No.169/2020.

2. The learned Metropolitan Magistrate in an application filed by the petitioner/ complainant under Section 156(3) CrPC had passed an order dated 15.12.2020 directing registration of the FIR against Respondent No. 2, 3 & 4 and others, under Sections 468/471/467/405/420/120B/34 of the Indian Penal Code, 1860 (IPC). By the impugned order, the learned ASJ has set aside the order dated 15.12.2020 passed by the learned MM in relation to Respondent No. 3&4.

Brief facts

3. The facts which led to filing of the complaint under Section 156(3) CrPC by the petitioner are stated as below :

    3.1. Petitioner claimed to be the owner of property bearing No. A-38/1, Mayapuri Industrial Area, Phase-1, Mayapuri, New Delhi-11064 (hereinafter referred to as ‘the Property’), by virtue of the last will, dated 27.02.2012 ex

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