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2023 Supreme(P&H) 1189

HARPREET SINGH BRAR
Suresh Kumar – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
Mr. Rajesh Gupta, Advocate for the petitioners.

HARPREET SINGH BRAR, J.

1. Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No. 0400 dated 06.08.2017 (Annexure P-5), under Sections 448, 452, 506 IPC (Sections 451, 341, 379, 34 IPC added later on), registered at Police Station Rai, District Sonipat. Further prayer has been made for quashing of order dated 21.08.2022 (Annexure P-6) whereby learned Judicial Magistrate 1st Class, Sonipat framed charges against them under Sections 448, 452, 451, 411, 506, 379, 34 IPC.

FACTUAL BACKGROUND

2. Brief facts of the case are that the petitioner was allotted Industrial Plot No. 1426, Phase V, Industrial Estate Rai, measuring 450 Square Meters on 10.12.2004 and conveyance deed was executed on 24.05.2006 by HSIDC. Petitioner No.1-Suresh Kumar, who is proprietor of M/s SS Paper Industries, and his son namely Sandeep Kamboj-petitioner No.2, were running their business since 2004. The petitioners defaulted in repayment of bank loan which they had taken from Punjab National Bank. The bank auctioned the property in question to respondent No.2. S.A. No. 4517 of 2014 was filed before the learned Debts Recovery Tribunal, Chandigarh in this regard. A civil suit No. 1478 of 2017

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