SHIMLA GUPTA Vs. DEVINDER KUMAR

JUDGEMENT

(1.) THE petitioner had lodged FIR No.27 dated 21.3.1991 alleging that her gold was taken away by the accused persons. After investigation, cancellation report was submitted, which was initially accepted without hearing the petitioner, but subsequently on direction of this court, the petitioner was given a hearing and the petitioner made a statement that she had no objection to acceptance of cancellation report. Accordingly, cancellation report was accepted by the court. In the meanwhile, the petitioner had lodged another FIR being FIR No.120 dated 13.10.1998 alleging that the gold, which was taken away by the accused, was converted by the respondents to silver and thereby the accused misappropriated the gold. Cancellation report was filed in the said case also, which has also been accepted following the order on cancellation report filed in the earlier FIR on the ground that the matter being same and the petitioner having been allowed to settle the matter of gold having been illegally taken away, allegation of the gold being converted into silver did not call for any further prosecution.

(2.) I have heard counsel for the petitioner and perused impugned order dated 9.12.2005. No ground is made out for interference under section 482 of the Code of Criminal Procedure. The petition is dismissed.