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2015 Supreme(Del) 185

SUNITA GUPTA
Sarvesh Chaturvedi – Appellant
Versus
State NCT of Delhi – Respondent


Advocates:
Advocate Appeared
For the Petitioners:Sangita Bhayana, Advocate.
For the Respondents:R1, Fizani Hussain, APP, R2, Manish Kumar, Advocate.

Judgment

Sunita Gupta, J.

1. Revisional jurisdiction of this Court has been invoked under Section u/s 397 of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C.) r/w Section 482 Cr.P.C. challenging the judgment dated 26th October, 2012 passed by Learned District and Additional Sessions Judge, In-charge (South & South East), Saket, New Delhi whereby the judgment passed by learned Metropolitan Magistrate, Mahila Court dated 24th October, 2011 acquitting the accused in case FIR 346/2006 PS Badarpur u/s 506/509 IPC was upheld.

2. Petitioner No.2 is the daughter of petitioner No.1. They were residing in the neighbourhood of respondent No.2. On 23rd February, 2004, a quarrel had taken place between petitioner No.1 and mother of respondent No.2 on a trivial issue of disposal of garbage as according to the petitioner mother of respondent No.2 Rajwati had thrown garbage in front of house of petitioners. When an altercation was going on between the two, respondent No.2 came out of the room, abused the petitioners in filthy language and threatened to rape petitioner No.2. He also ran after petitioner No.2. In order to save herself she entered her house. On these allegations, the a



























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