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2024 Supreme(Online)(DEL) 14905

HIGH COURT OF DELHI
MS. JUSTICE SWARANA KANTA SHARMA, J
KISHAN KUMAR & ANR. – Appellant
Versus
STATE & ANR. – Respondent


Mr. Bharat Chugh, Mr. Jai Allagh and Mr. Ashok Kumar Sharma, Advocates; Ms. Rupali Bhandopadya, ASC for the State with Mr. Abhijeet Kumar and Mr. Sagar Mahlawat, Advocates; Mr. Gurpreet Singh, Mr. Jatin Sethi & Mr. Manit Walia, Advocates for R-2.

JUDGMENT

SWARANA KANTA SHARMA, J.

1. By way of above-captioned petitions filed under Section 482 of Code of Criminal Procedure, 1973 („ Cr.P.C .‟) read with Article 227 of the Constitution of India, the petitioners seek setting aside of order dated 01.07.2005, passed by the learned Metropolitan Magistrate, New Delhi, and for quashing of FIR No. 380/2005, registered at Police Station Defence Colony, Delhi under Sections 420/120B/34 of the Indian Penal Code, 1860 („ IPC ‟), pursuant to order dated 01.07.2005.

2. These petitions, having similar facts and contentions and common issues for consideration, were heard together and are being decided by this common judgment.

FACTUAL ASPECTS

3. The facts of the case, in brief, are that a complaint was filed by the complainant, M/s Sunair Hotels Limited, which had been allotted a prime plot of land at Bangla Sahib Road, New Delhi, intended for the construction and operation of a hotel, which had been considered a highly profitable venture requiring substantial investment. It is alleged that the accused persons, Mr. M.P. Mehrotra, Mr. Somesh Mehrotra, Mr. Harsh Alagh, Mr. Anurag Bhatnagar, Mr. K.K. Soni, and Mr. Pankaj Shrimali, who were directors a

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