ALOK MALANI Vs. STATE

JUDGEMENT

(1.) This petition under Sec. 482 of the Cr.P.C. is directed against the order dtd. 25/8/2018 passed by learned Additional Sessions Judge-05, Central, Tis Hazari Courts, Delhi, whereby, the Revisional Court has found that charge for offence punishable under Ss. 406 IPC and 420 of the IPC cannot go together, and, therefore quashed the charge under Sec. 406 of the IPC and has found that petitioner and other accused persons are liable to be prosecuted for offences punishable under Ss. 420/468/471/34 IPC.

(2.) Learned counsel appearing on behalf of the petitioner, at the outset, submits that there has been delay in filing the instant petition and has given various reasons, in the petition. According to him, against the impugned order, his father Mohan Malani filed the revision petition; however, on account of his death, the said revision petition was to be withdrawn and the petitioner has filed the instant revision petition.

(3.) Learned counsel appearing on behalf of the petitioner further submits that no charge for offence punishable under Sec. 420/468/471/34 IPC is made out against the petitioner. He has referred to various documents to indicate that there were various litigations pending between the parties; and the allegations made in the FIR are in contravention to the pleadings made therein. He has referred to various paragraphs of the petition filed before the Company Law Board, Principal Bench, Delhi, by the complainant.