PUSHPA AHUJA AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) The petitioners have filed the present petition under Section 482 Cr.P.C. for quashing of the summoning order dated 12th May, 2008 passed by the Metropolitan Magistrate, Delhi in case arising out of the FIR bearing No.RC 4S/2003/SCB-1 DLI and all the consequent proceedings arising therefrom.

(2.) Brief facts of the case as per the petition are that the petitioner No.2 filed a complaint with the Police Station Connaught Place Smt.Meera Ahuja on 20th July, 2000 mainly on the reason that she was trying to grab office bearing No.1003, Akashdeep Building, 26 A Barakhamba Road, belonging to the firm of M/s. Ahuja Finance Corporation. Another complaint was filed by the petitioner No.2 with the Police Station Connaught Place that upon visiting office he found that the office was unattended and without the lock. On the same date i.e. 24th July, 2000 respondent No.2/Mr.N.S. Hoon claiming himself to be the tenant of the said premises also filed a complaint with the Police that the petitioner No.2 along with one Dewan forcibly evicted the premises by threatening the workers and he picked up the briefcase of the respondent No.2 which was kept in the office, containing rent deed, other documents and money. Mr.N.S. Hoon also filed a subsequent complaint on 26th July, 2000 against Sanjay Ahuja and others. On 6th November, 2000 Mr.N.S. Hoon filed a writ petition, being W.P. (Crl.) 947/2000 in this Court seeking direction to register the FIR. The same was registered being FIR No.732/2000 under Sections 448/379/34 IPC. The respondent No.2 filed another writ petition being W.P. (Crl.) 1050/2002, praying for transferring the investigation to CBI on 18th September, 2002. In the said petition, the petitioner filed an application for intervention on 17th December, 2002.

(3.) It is also a matter of fact that another complaint was filed against the petitioners, their son and brother Avtar Ahuja by Meera Ahuja under Sections 380/406/420/448/468/451 read with 120B IPC on 20th September, 2001 and the investigation was transferred to CBI by an order of this Court. Closure report was filed in the said complaint and the same was accepted by the Magistrate further observing that the CBI had rightly concluded that the allegations made by the respondent No.2 against the petitioners were of civil nature and there was no need to initiate any legal action under any provision of law.