IMPORTANT POINT
Bonafide criminal prosecution cannot be stifled at threshold.

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 proceedings emanating therefrom.

2. The FIR registered on 19.10.2013 relates to an incident of the date 16.10.2013 which is stated to have taken place at 11:45 p.m. in the Hyatt Regency Hotel, Bhikaji Cama Place, whereby the visitor/guest of the said hotel, namely, Gaurav Rishi S/o Sushma Rishi, R/o B-18, Greater Kailash, Second Floor, New Delhi, aged 29 years is stated to have fallen down from the 6th floor of the said hotel to the 4th floor and is indicated to have been injured on his head thereupon and has been unfit for statement since the date of the incident, i.e., 16.10.2013 till date. The police of the PS R.K.Puram were informed of the incident at 6:20 a.m. on 17.10.2013 by Head Constable Sukhbir No.1233/SE, Police Station C. R. Park telephonically to the effect that the said Mr.Gaurav Rishi had fallen down from the stairs of the Hyatt Regency Hotel and had been admitted to the Fortis Hospital with MLC No.2240/13 and that an Investigating Officer be sent whereupon the information was recorded vide DD No.8A dated 17.10.2013 by the police of Police Station R.K.Puram, and ASI Prem Singh was informed telephonically of the same by HC Bharat Bhushan No.1889/SD, the Duty Officer, posted at the Police Station R.K. Puram.

3. ASI Prem Singh on receipt of this information vide DD No. 8A along with Ct. Rajbir Singh 2015/SD reached the Fortis Hospital at Vasant Kunj, New Delhi and obtained the MLC No.2240/13 of the injured Gaurav Rishi who had fallen down from the stairs in the Hyatt Regency Hotel and the doctor declared him unfit for statement and also mentioned on the MLC that on local examination the injured was found bleeding from the left side with a head injury and one lacerated wound on left tempera parietal region 4 cm X.05 cm. hematoma and swelling around the wound, periodontal hematoma and swelling on left side. The Investigating Officer is indicated to have detailed the contents of the injuries mentioned in the MLC in the rukka prepared by him. On reaching the Fortis Hospital, Ms. Gauri Rishi, the sister of the injured was present at the hospital and stated that she herself was unable to make a statement at that time till Gaurav Rishi gained conciousness and the Investigating Officer met no other eyewitness at the spot whereafter the Investigating Officer along with an accompanying constable reached the spot, i.e., the Hyatt Regency Hotel where he met Vishal Rana, the Assistant Security Manager, who informed the Investigating Officer on inquiry, that the injured Gaurav Rishi had fallen from the stairs of the 6th Floor on to the terrace of the 4th Floor but stated that he (Vishal) himself was not an eyewitness of the occurrence. The Investigating Officer on reaching the terrace of the 4th Floor found dried blood and the Crime Team of the South Di