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2023 Supreme(Del) 5718

AMIT SHARMA
Bimalendu Ghosh Dastidar – Appellant
Versus
State – Respondent


Advocates appeared:
Mr. Aseem and Mr. Amit Saxena, Advocate, for the Appellant; Mr. Aman Usman, APP for the State. SI Amit Kumar Dagar, Sec-V, EOW. Mr. M.L. Yadav, Advocate, for the Respondent.

JUDGMENT

Amit Sharma, J. - The present petition under Section 482 of the Code of Criminal Procedure, 1973 ('CrPC') challenges the judgment dated 27.09.2013 passed by learned Additional Sessions Judge-04 and Special Judge (NDPS), SouthEast, Saket in CR No. 59/2012 and 61/2012, whereby the proceedings pending in the Court of learned Chief Metropolitan Magistrate, South-East, Saket, arising out of FIR No. 171/2006 under Sections 420/467/468/471/120B of the Indian Penal Code, 1860 ('IPC'), registered at P.S. C.R. Park (investigated by Crime Branch, EOW) were stayed till the conclusion of proceedings in Probate Case No. 90 of 2003; 386/06 pending before the Court of learned Additional District Judge, Central, Tis Hazari, Delhi.

2. The facts necessary for adjudication of the present petition are as under:

    i. At the instance of the present petitioner, FIR No. 171/2006 under Sections 420/467/468/471/120B of the IPC, was registered at P.S. C.R. Park (investigated by Crime Branch, EOW).

    ii. It is the case of the petitioner that his father, late Sh. AC Ghosh had bequeathed the property bearing no. G 1224, C.R. Park, New Delhi by way of a will dated 07.08.1989 and a codicil dated 31.02.1989 in eq

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