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ANU MALHOTRA
Aseem Kapoor – Appellant
Versus
State of NCT of Delhi – Respondent


Counsel for the Parties:
For the Petitioner in Crl.M.C. No.2208 of 2015:Mr. Manoj Kr. Ohri, Sr. Advocate with Mr. Indresh Kr., Mr. Vaibhav Gaggar and Mr. Pramod Kr. Dubey, Advocates
For the Petitioner in Crl.M.C. No.2209 of 2015:Mr. Sidharth Luthra, Sr. Advocate with Mr. Vaibhav Gaggar, Mr. Gautam Khazanchi, Ms. Sumedha Dang, Advocates
For the Petitioner in Crl.M.C. No.3480 of 2015:Mr. Ajay Burman, Sr. Advocate with Mr. Harsit Khurana, Ms. Tanya Harnal and Mr. Sahil Verma, Advocates
For the Respondent in Crl.M.C. Nos.2208, 2209 and 3480 of 2015:Mr. Ashish Dutta, APP for State with SI Harbir Singh and P.S. R.K. Puram, Advocates
For the Respondent in Crl.M.C. Nos.2208, 2209 and 3480 of 2015:Mr. Ankur Chawla, Mr. Sangram Singh and Ms. Srishti Juneja, Advocates for the sister of the injured

JUDGMENT

Anu Malhotra, J.—Vide this common judgment all the three petitions are taken up for consideration in as much as they all impugn the summoning order dated 16.5.2015 of the learned Metropolitan Magistrate, Patiala House Court, New Delhi in FIR No.390/13, Police Station R.K.Puram, whereby the petitioners, namely,

(i) Aseem Kapoor in Crl.M.C. No.2208/2015;

(ii) Shiv Kumar Jatia in Crl.M.C. No.2209/2015 and;

(iii) Karan Lal in Crl.M.C. No.3480/2015,

have been summoned for the alleged commission of the offences punishable under Sections 336/338 read with Section 32 of the Indian Penal Code, 1860, and Section 4 of the Cigarettes and Other Tobacco Products Act—2003, hereinafter referred to as COTPA 2003, and proceedings therein. The three petitions also seek the quashing of the charge-sheet dated 16.3.2015 filed in relation to the alleged commission of offences with the FIR No.390/13, Police Station R.K.Puram, having initially been registered on 19.10.2013 for the alleged commission of offences punishable under Section 308 of the Indian Penal Code, 1860 and all consequential p



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