BHANWAR LAL SHARMA Vs. ARIHANT JAIN & ORS

JUDGEMENT

(1.) The contour of the facts & material, culminating in the commencement, relevant for deciding the instant petition and emanating from the record, is that, initially, petitioner-complainant Bhanwar Lal Sharma son of P.C.Sharma (for brevity "the complainant") has filed a criminal complaint against Arihant Jain son of Suresh Kumar Jain & others (respondents-accused) for the commission of offences punishable u/ss 420, 380, 384 and 406 IPC in the Court, inter-alia, pleading that the plot, bearing No.113, Pocket A-1, situated in Sector 29, Rohini, Delhi was allotted to him by Delhi Development Authority (for short "DDA").

(2.) Leveling a variety of allegations and narrating the sequence of events, in detail in the FIR, in all, according to the complainant that he had neither executed any agreement or any other document in favour of any person nor he had received any amount for the plot in question and the accused have prepared the false power of attorney and other documents in this relevant connection. In the background of these allegations, the complainant filed the criminal complaint in the manner depicted here-in-above. It was sent to the police for investigation, where a criminal case was registered against the accused, vide FIR No.102 dated 4.3.2006 for the commission of offences punishable u/ss 380, 384, 420, 406, 467 and 506 IPC by the police of Police Station Central, Faridabad.

(3.) During the course of investigation, the police found the allegations contained in the complaint to be false and submitted untraced/cancellation report. Consequently, the complainant filed a protest petition, which was treated as private complaint.