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2013 Supreme(Del) 468

KAILASH GAMBHIR
Tej Kishan Sadhu – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Petitioner:U.U. Lalit, Sandeep Sethi, Ramesh Gupta, Ashok Bhasin, Senior Advocates, Mohit Mathur, Amish Dabur, Rajiv Goel, Devinder Dadha, Advocates.
For the Respondents:Navin Sharma, Additional Public Prosecutor, Harish Salve, Senior Advocate with Ms. Pratibha M. Singh, Vijay Aggarwal, Gurpreet Singh, Mudit Jain, Advocates.

Judgment :-

Kailash Gambhir, J.

1) By this order I shall decide the present petition filed by the petitioner under Section 482, 483 of the Code of Criminal Procedure, 1973 (Cr.P.C in short) read with Article 227 of the Constitution of India, for setting aside the order dated 15.01.2013 passed by the learned Metropolitan Magistrate.

2) The petitioner has challenged the correctness and legality of the order dated 15.01.2013 passed by the learned Metropolitan Magistrate in a complaint case filed by Respondent No. 2 herein against the petitioner and many others, for the commission of an offence punishable under section 500/ 34 of the Indian Penal Code (IPC in short). By the impugned order the learned Metropolitan Magistrate instead of passing an order on the application filed by the respondents no.2/ complainant under section 91 Cr.P.C for summoning certain documents, ordered for an inquiry under section 202 Cr.P.C and directed the SHO, PS Tuglak Road to conduct an investigation qua the allegations made in the aforesaid criminal complaint against the accused persons, after coming to the conclusion that the complaint of the respondent No. 2, prima facie, disclosed commission of an offenc




































































































































































































































































































































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