RAJESH PARJAPAT Vs. STATE

JUDGEMENT

(1.) Petitioner is seeking quashing of FIR No.127/01 u/s 420/34 Indian Penal Code registered at PS Srinivas Puri and Complaint Case No.137/1/98 titled "Sarat Choudhary Vs. Rajesh Parjapat" pending before MM, New Delhi.

(2.) Both FIR and complaint were lodged against petitioner by one Sarat Choudhary alleging sale of stolen shares by him for which he claimed return of an amount of about Rs.1.62 lacs.

(3.) Petitioner's case is that Choudhary had lodged the complaint against him first on 27.7.1997 with SHO concerned but no case was made out and no FIR registered by police. Later he filed a complaint u/s.156(3) in which MM sought report by order dated 16.3.1998 which was submitted making out no case but Ld.Magistrate had still proceeded on it and allowed complainant to lead evidence. While this complaint was pending trial, respondent/complainant allegedly hobnobbed with SI Sunil Bhardwaj, Incharge of PS Sunlight Colony and lodged a report with him on the same subject matter and complained that Magistrate was taking time in deciding his earlier complaint and upon which impugned FIR No.127/01 was registered against him.