Advocates:
R. P. WADHWANI

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JUDGMENT

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL

APPEAL

No.

612

OF

2012

(Arising out of S.L.P. (Crl.) No. 9953 of 2010)

Bhushan Kumar & Anr.

.... Appellant(s)

Versus

State (NCT of Delhi) & Anr.

.... Respondent(s)

WITH

CRIMINAL

APPEAL

No.

613

OF

2012

(Arising out of S.L.P. (Crl.) No. 9958 of 2010

J U D G M

E N T

P.Sathasivam,J.

1)

Leave granted.

2)

These appeals are directed against the final judgment

and order dated 30.07.2010 passed by the High Court of Delhi

at New Delhi in Crl.M.C. Nos. 3376 & 3375 of 2009 whereby

the High Court rejected the prayer of the appellants herein for

quashing the summoning order dated 16.01.2009 passed by

1

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JUDGMENT

the Metropolitan Magistrate in FIR No. 290 of 2002 registered

at Police Station, Okhla Industrial Area, New Delhi under

Section 420 of the Indian Penal Code, 1860 (hereinafter

referred to as “the IPC”).

3)

Brief facts:

a)

The present cases pertain to a property dispute regarding

distribution of the assets left behind by late Shri Gulshan

Kumar (o