RACHNA vs STATE (GOVT. NCT OF DELHI) & ANR.

Judgment text excerpt

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 28th August, 2025 + CRL.M.C. 94/2021 & CRL.M.A. 427/2021 RACHNA W/o Pawan R/o A-13, New Govindpura, Near Ram Mandir, Krishna Nagar, Delhi-51. .....Petitioner Through: Mr. Avinash Lakhanpal, Advocate (through VC) versus 1. STATE (GOVT. NCT OF DELHI) 2. RAJ KUMAR S/o Late Shri Ganga Ram R/o 13/74, Geeta Colony, Delhi-31. .....Respondents Through: Mr. Shoaib Haider, APP for the State Mr. Vikas Padora, Mr. Dipanshu Chugh and Mr. Aakash Kumar, Advocates for R-2 . CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T (oral) 1. Petition under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C”) has been filed on behalf of the Petitioner, Smt. Rachna Signature Not Verified Signed By:VIKAS CRL.M.C. 94/2021 Page 1 of 17 ARORA Signing Date:01.09.2025 17:58:25 seeking cancellation of Bail granted by Ld. ASJ vide Order dated 24.12.2020 in case FIR No.28/2019 under Section 420/406/467/468/471/34 Indian Penal Code, 1860 (hereinafter referred to as “IPC”) registered at Police Station Jagatpuri. 2. The brief facts of the case are that on 28.09.2012 Smt. Rachna, the Petitioner along with Smt. Kanchan Kakkar, purchased the property measuring about 200 sq. yds. with construction rights from Raj Kumar, Respondent No.2 and his brother Bhushan Kumar, on payment of valuable consideration, after which they both became the joint owners. The Sale Deed was registered on 28.09.2012. 3. The Complainant asserted that the Respondent No.2 had assured that the property is free from all encumbrances, mortgage, lean etc. The physical possession of the property was handed over on 28.09.2012 to the Petitioner and the co-owner, after which they h