YOGITA AJMERA Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2020-1-245
HIGH COURT OF MADHYA PRADESH
Decided on January 23,2020

Yogita Ajmera Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

- (1.)This application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicant-Yogita Ajmera who is implicated in connection with Crime No.1410/2019, registered at Police Station-Lasudia, District- Indore, concerning offence under Sections 420 , 467 , 468 , 471 and 34 of IPC, 1860.
(2.)As per prosecution story, the present FIR was registered on the basis of complaint filed by the complainant Hiralal Maloria alleging that M/s. Phoenix Devcon Pvt. Ltd., Indore, a company has developed a residential township at village Kailod Hala, Tehsil Sanver, and sold the plots to various customers, however the possession of the plots were not handed over to the customers. The allegation against the applicant is that she was one of the Directors of the said company.
(3.)Learned counsel for the applicant has submitted that complainant Hiralal Maloria made a written complaint to SHO Lasudia, District Indore on 12/12/2012 against Ritesh Ajmera and others alleging the non-delivery of the possession of the plot purchased by him from M/s. Phoenix Devcon Pvt. Ltd and when the police has not taken any action in the aforesaid report then the applicant gave a written complaint to DIG, Indore. In the meanwhile Police registered FIR bearing 13/2016 at Police Station-Crime Branch, Indore against Ritesh Ajmera and others for offence under Section 420 , 467 , 468 , 471 , 120-B , 431 , 432 of IPC, 1860 and the complaint filed by the complainant was clubbed with the FIR No.13/2016. His statement was also recorded by Police under Section 161 of Cr.P.C and after completion of investigation, charge-sheet was filed before the Court of Additional Judicial Magistrate, Indore.


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