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2019 Supreme(P&H) 2814

ARVIND SINGH SANGWAN
Amit Kumar – Appellant
Versus
Joginder Singh & Ors. – Respondent


Advocates Appeared:
Jai Vir Yadav, Advocate, for the Appellant; None, for the Respondent No. 1; S.K. Agnihotri, Advocate, for the Respondent No. 2

JUDGMENT

Arvind Singh Sangwan, J. - Prayer in this petition is for quashing of criminal complaint bearing No.173 dated 02.09.2015 under Section 166A of the Indian Penal Code, 1860 (for short, "IPC") and the summoning order dated 06.10.2015, passed the Judicial Magistrate First Class, Gurgaon.

2. Brief facts of the case as set up in the complaint are that the complainants Joginder Singh and Rajendra Kumar Goel have stated that they had purchased property/built up flats from their builder (name of the builder not disclosed in the entire complaint), in Sushant Lok- 2 and 3 in Sector 57, Gurgaon.

3. The allegations in the complaint, which is filed against the petitioner, who was the then Station House Officer, Police Station Sector 56 Gurgaon, are that the builder of the complainants had given certain assurances like providing of constructed swimming pool in the bungalow, community centre, a club and legalised electricity connection. On coming to know that their builder has not provided the facilities as agreed, the complainants filed a complaint on 02.08.2015(Annexure P2), relied upon in para No.4 of the complaint dated 02.09.2015 against the Directors of M/s Ansal Buildwell Limited, Rig

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