VIJAY KUMAR JAIN Vs. STATE

JUDGEMENT

(1.) This petition has been filed under Ss. 397, 401 read with Sec. 482 of the Code of Criminal Procedure, 1973 (for short, "Cr.P.C.") seeking the quashing of orders dtd. 6/8/2020 and 11/3/2022, passed by the learned Chief Metropolitan Magistrate, Saket District Court, Delhi (for short, "learned Trial Court"), in the case relating to FIR No.422/2001, registered at Police Station New Friends Colony, Delhi under Ss. 201/406/420/448/467/471/34 of the Indian Penal Code, 1860 (for short, "IPC").

(2.) The FIR was registered by Naresh Kumar Pandey against the accused persons, being V.K. Jain and his sons, namely, Saurab Jain, Gaurav Jain and Manav Jain, the MCD officials, namely, Om Dutt Sharma and MMS Bhatnagar. Though the FIR had been also registered against K.C. Pandey, who was the brother of the complainant, charge-sheet was not filed against him as he expired on 15/2/2003.

(3.) The allegations are that the property situated at 104/5, Ring Road, Maharani Bagh, New Delhi belonged to the father of the complainant, having received it on the basis of a compromise decree dtd. 10/8/1992. After the father expired, the property was divided amongst the legal heirs on the basis of a Settlement and partitioned in the following manner:-