PREM PARKASH KHATTAR & ORS vs STATE

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:26.06.2025 + CRL.M.C. 2729/2010 PREM PARKASH KHATTAR & ORS. .....Petitioners versus STATE ..... Respondent Advocates who appeared in this case: For the Applicant : Mr. Kunal Madan, Adv. For the Respondent : Mr. Pradeep Gahalot, APP for the State for the State Mr. Rakesh Mittal, Ms. Yamini Mittal and Mr. Ajay Harshana, Advs. for R-2. CORAM HON’BLE MR JUSTICE AMIT MAHAJAN JUDGMENT 1. The present petition is filed challenging the order dated 16.07.2010 (hereafter ‘impugned order’) passed by the learned Additional Sessions Judge (‘ASJ’), Dwarka Courts, New Delhi in Crl. Rev. No. 30/2010. 2. By the impugned order, the learned ASJ set aside the summoning order dated 06.01.2010 passed by the learned Metropolitan Magistrate (‘MM’), whereby, Respondent No. 2 was Signature Not Verified Signed By:SHIKHA SEHGAL CRL.M.C. 2729/2010 Page 1 of 13 Signing Date:01.07.2025 20:15:51 summoned for the offences under Sections 420/442/448/465/466/468 of the Indian Penal Code, 1860 (‘IPC’). 3. The brief facts are that the petitioners are the joint owners of a property bearing No. RA-112 (WZ-256E) admeasuring 325 square yards. The said property is situated in Village Naraina in the abadi of an approved colony Inderpuri, New Delhi. 4. The property was initially purchased by the father of the petitioners vide a registered sale deed dated 15.04.1961. The father of the petitioners died intestate on 02.10.1994, leaving the said property in favour of the petitioners. 5. Thereafter, using their own sources of income, the petitioners carried out construction of ground, first and second floors on the said property. 6. In June 2007, Respondent No. 2 approached the petitioners and agreed to purchase the second floor of the property without roo