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2021 Supreme(SC) 909

ASHOK BHUSHAN, INDU MALHOTRA
Rajendra Khare – Appellant
Versus
Swaati Nirkhi – Respondent


Advocates appeared:
Petitioner-in-person, for the Appellant; Ms. Madhvi Divan, ASG, Mr. B. V. Balaram Das, Advocate., Mr. Ayush Puri, Advocate., Mr. Pranay Ranjan, Advocate., Mr. Rahul Shyam Bhandari, Advocate., Mr. Konark Tyagi, Advocate., Mr. Kaustubh Shukla, Advocate., for the Respondent.

JUDGMENT

Ashok Bhushan, J. - This review petition has been filed praying that the Order dated 18.05.2018 passed in Transfer Petition (Crl.) No. 262 of 2018 and the Order dated 05.06.2018 dismissing the M.A. be reviewed.

2. Brief facts of the case giving rise to this review petition now need to be noted:-

    2.1 The review petitioner lodged the First Information Report No.39/2016 in Police Station, Mangol Puri, Delhi under Section 389/34 Indian Penal Code, in which respondent Nos.1 to 5 to this review petition were made accused. The Investigating Officer after completing investigation submitted a charge sheet against all the accused.

    2.2 The learned Metropolitan Magistrate, North-West Delhi took cognizance of the offence and issued summons to all the accused for appearance on 02.03.2018. On 05.03.2018, the accused did not appear, the Court observed that despite service of summon all accused are absent, hence, issue fresh summons all the accused for 02.05.2018. On 02.05.2018, applications were filed for exemption from personal appearance by accused persons. The learned Magistrate allowed the application subject to filing of original medical certificates.

2.3 The respondent Nos.1 to 3 and

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