AMAN ULLAH KHAN Vs. STATE

JUDGEMENT

(1.) VIDE the instant petition the petitioner has sought to quash the complaint case bearing No.03/10 titled as "Mehar Elahi & Ors. Vs. Aman Ullah Khan" and FIR No.112/2011, PS Hazrat Nizamuddin under Sections 406/420/468/471/506 Indian Penal Code, 1860.

(2.) THE brief facts of the case is that respondent Nos. 2 to 6 filed a complaint against the petitioner under Section 200 Cr.P.C. for the offence punishable under Sections 406/420/468/471/506 Indian Penal Code, 1860. Vide order dated 28.04.2011 ld. MM, South-East Delhi, after hearing the arguments at length on application under Section 156(3) Cr.P.C. and after considering the contents of the complaint and report of IO, was of the opinion that matter requires detailed field investigation and the same cannot be proved by incomplete evidence by complainant and SHO was directed to lodge an FIR as per the complaint of the complainant within 24 hours of receiving the order and file a report on 05.05.2011.

(3.) LD. counsel for the petitioner submits that in the original complaint dated 17.05.2010, the only allegation against the petitioner was that pursuant to agreement dated 17.03.2008 the petitioner has not shown the original papers of property B-4, Nizamuddin (West), New Delhi and afterwards the complainant came to know that the property has been mortgaged to a bank against overdraft facility which the petitioner had intentionally hidden from him. Otherwise also, the agreement dated 17.03.2008 itself mentions that the property is free from all encumbrances except Bank Over Draft facility which shall be cleared before the date of registration or final payment whichever is later.