JUDGEMENT
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(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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