SYED MAN MEER Vs. STATE

JUDGEMENT

(1.) On the basis of averments in criminal complaint (CC No. 55/1/2012) of the second respondent (the complainant) and the evidence led in support in the pre-summoning inquiry under Sections 200 and 202 of the Code of Criminal Procedure, 1973 (Cr.P.C.), the petitioners and their father Syed Daud Meer, along with third and fourth respondents herein, were summoned by the Metropolitan Magistrate, by order dated 17.02.2016, to appear as accused persons and face proceedings on the accusations of involvement in offences punishable under Sections 420/467/468/471 and 120-B of Indian Penal Code, 1860 (IPC).

(2.) It is stated that Syed Daud Meer, father of the petitioners, he being the first accused in the criminal complaint case of the second respondent, died on 30.06.2013, which fact is fairly conceded to be correct by the counsel representing the second respondent. The allegations against the petitioners and their late father Syed Daud Meer are distinct from the allegations against the third and fourth respondents, and, thus, the grievances of the petitioners against the summoning order would have no bearing, and shall not be construed as reflective of opinion, on the case of the complainant against third and fourth respondents.

(3.) Syed Daud Meer, the late father of the petitioners, had instituted a civil suit no. 347/1998 seeking a decree of specific performance of contract and for perpetual injunction vis-a-vis property no. 745, Fatak Dhobian, Farash Khana, Delhi, on the strength of a document which he described as an agreement of purchase of the said property executed by the complainant, she purportedly having received from him an amount of Rs. 50,000/- as earnest money. The suit was contested by the complainant claiming, inter alia, the said document dated 10.07.1997 to be forged and fabricated. It appears that in the said civil suit, copy of the said document styled as "receipt" was brought in evidence as Ex.PW-1/1, its copy having been presented during the pre-summoning inquiry into the criminal complaint as Ex.CW-1/B.