JUDGEMENT
S. Muralidhar, J. -
(1.)THE prayer in this petition under Section 482 of the Code of Criminal Procedure 1973 ('CrPC') is for the quashing of FIR No. 92 of 2003 under Sections 420/468/471/448/452 of Indian Penal Code ('IPC') registered at Police Station Nangloi, Delhi and all proceedings consequent thereto pending in the court of the learned Metropolitan Magistrate ('MM'), New Delhi.
(2.)THE aforementioned FIR was registered at the instance of Jai Prakash Sharma (Respondent No. 2) who happens to be a younger brother of the Petitioner Jai Kishan Sharma who is named as accused No. 1 in the aforementioned complaint. The allegation inter alia in the FIR was that the complainant Jai Prakash Sharma had handed over a Maruti Car to the Petitioner by remitting the first cash down payment for the same to the dealer. He continued to pay the instalments to the Bank and in between he also gave cash payment to his brother i.e. the Petitioner here. Earlier the complainant had deposited a sum of Rs. 1,80,000/ - with the Petitioner and when asked about it, the petitioner had shown a plot measuring about 150/200 sq.yards and the petitioner had advised the complainant to construct a house thereon. Later it transpired that there was a dispute over the land. When asked about the complete documentation, the Petitioner avoided the question. It is stated that the disputes arose between the brothers and later on the Petitioner started showing the property to other parties and asked the complainant to vacate the house constructed by him. It is further stated that on 18th January 2003 the Petitioner along with other brother Mahavir Sharma got the complainant forcibly vacated from the premises.
It is stated in the FIR that the Sub Inspector Sudesh Ranga entertained the complaint of the complainant. On 7th February 2003 he got the case registered and started investigation. He prepared the site plan and sized a General Power of Attorney from the complainant and seized some other documents as well.
(3.)IN the final report filed in the matter it was indicated that the police Crl M C No. 5649/2006 Page 3 of 6 arrested Jai Kishan Sharma, Petitioner and the other accused and as per the orders of the Assistant Commissioner of Police ("ACP?). The investigation was entrusted to Inspector N.R. Naryan and later to Raj Kumar Sharma. In the cancellation report it is stated that Sudesh Ranga had arrested the accused persons by illegal methods and that no forgery has been committed as alleged by the complainant. It was concluded that the complainant had with malafide intention taken revenge against his brother Jai Prakash Sharma and got some documents prepared in his own name whereas the property was still in the possession of the Petitioner. It was also contended that the complainant had failed to produce any evidence from which it could be inferred that he gave any money to his brother Jai Kishan Sharma. As regards the car it was stated that it had already been recovered for the complainant by Sub Inspector Sudesh Ranga as it was registered in the name of the complainant.
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