ASHOK KAUSHIK Vs. STATE

JUDGEMENT

(1.) In this petition under Section 482 of the Code of Criminal Procedure (for short 'the Code') and Articles 226 and 227 of the Constitution of India, the petitioner challenges the legality and correctness of the two orders, one dated 1/2/1994 taking congnizance of the offence against the petitioner and the other dated 21/2/95, passed by the learned Metropolitan Magistrate (M.M.) (case FIR No. 516/92, P.S. Malviya Nagar, New Delhi) whereby the petitioner's applications under Section 294 read with Section 311 of the Code have been dismissed.

(2.) A prayer has also been made that in the facts and circumstances of the case the proceedings arising of the FIR are liable to be quashed against the petitioner.

(3.) Briefly, the facts giving rise to the present case are that one Smt. Sushila Wadhwa (now deceased) was the owner of property bearing No. E-1/16, Malviya Nagar, New Delhi, formerly a single storeyed house. She had sent a complaint dated 2/10/92 to the Commissioner of Police and others on which FIR No. 516/92 was registered at Police Station Malviya Nagar, New Delhi on 2/11/1992 under Sections 420/468/471/342/165-B; and after completing investigation a report under Sectin 173 of the Code was submitted to the effect that a case for offences under Sections 420/468/471/342 Indian Penal Code is made out against Hardeep Singh (A-1), Raj Kumar Sharma (A-2) who were challaned, and Ashok Kaushik, Padam Singh, Ram Sarup and Nikhilesh Kumar Sharma @ Tara were shown in Column 2.