Vinod Kaushik vs Sunil Kumar on 17 November, 2015

CRL.M.C. 3537/2014

1. By way of the present petition filed under Section 482 of the Code of
Criminal Procedure, 1973 (‘Cr.P.C.’), the petitioner seeks setting aside of
the impugned order dated 09.06.2014 passed by the learned Additional
Sessions Judge (‘ASJ’), Delhi, in Criminal Revision No.55/13, whereby the
order dated 15.01.2013 passed by the learned Metropolitan Magistrate
(‘MM’), Delhi, summoning the respondent was set aside.
2. Before deciding this petition, it is necessary to narrate the case put
forth by the individual party.
3. As per the petitioner, he had filed a written complaint on 28.11.2007
at Police Station Saraswati Vihar, Delhi, against Madan Lal Arora and others
for trespass and theft of original property documents from his ancestral
property No.WZ-472/343, Shrinagar, Shakurbasti. Accordingly, FIR
No.82/2008 was registered at Police Station Saraswati Vihar, Delhi, as per
the directions of the Trial Court, on petitioner’s application under Section
156(3) Cr.P.C. Thereafter, the petitioner was summoned by respondent/SI
Sunil Kumar, being Investigating Officer of the case, on the pretext of
investigation of FIR in question and for submitting certain documents, where
the petitioner was forced to enter into compromise dated 27.04.2008,
annexed as Annexure-8 to the present petition, consequently, his son gave
six post dated cheques (PDCs) to Madan Lal Arora and Avinash, who later
on got encashed one of those cheques amounting to Rs.2,00,000/-. The
petitioner was also forced to surrender his passport to the respondent as a
security.

Source: Indian Kanoon

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