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2006 Supreme(P&H) 1466

SATISH KUMAR MITTAL
Rajinder Kumar Chhibbar – Appellant
Versus
Aseem Bakshi – Respondent


Judgment

Satish Kumar Mittal, J.

1. The petitioner has filed this petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the Code) for quashing of the complaint dated 28.2.2001, Annexure P-1, filed by the respondent, who is his nephew, against him under Sections 420/511/468/471 and 182 I.P.C.; and the summoning order dated 7.10.2001, Annexure P-4, passed by Judicial Magistrate, 1st Class, Chandigarh, whereby the petitioner has been summoned to face trial under Section 420 read with Section 511 and Section 182 I.P.C.

2. The brief facts of the case are that late Sh. Bakhshi Mulak Raj Chhibbar, who was a practicing Advocate, was owner of two houses i.e. houses No. 681 and 721, Sector 8, Chandigarh. He died on 5.4.1974 leaving behind three sons, namely Rajinder Kumar Chhibbar (petitioner), Surinder Kumar Chhibbar (father of respondent) and Raj Bakhshi and four daughters. During his life time, Sh. Bakhshi Mulak Raj Chhibbar executed a registered Will dated 17.1.1972, whereby he bequeathed house No. 681, Sector 8, Chandigarh, in favour of the petitioner. He was also given a right to continue to reside in the ground floor of house No. 721, Sector 8, Chandi















































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