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2012 Supreme(Del) 2935

V.K.SHALI
Seema Gupta – Appellant
Versus
State – Respondent


Advocates:
For the Petitioner: Counsel (name not given)
For the State : Mr. Sunil Sharma, APP.

JUDGMENT :

V.K. Shali, J.:— (Oral);—

1. This is a petition filed under Article 227 of the Constitution of India read with Section 482 Cr.P.C. against the order 29.11.2010 passed by the District Judge(East)-cum-Addl. Sessions Judge, Delhi, dismissing the criminal revision petition No.70/2010 titled State (Govt. of NCT of Delhi) –vs- Mukesh Gupta & Ors..

2. Briefly stated, the facts of the case are that the petitioner is the complainant in respect of FIR No.55/2008 under Sections 323/452/34 IPC registered by PS:New Ashok Nagar, Delhi. It was alleged by her that on 9.12.2008, she, along with her brother, Rajeev Jain, was present in the office of Vanasthali Public School. At about 2:20 P.M., she heard noises and saw the guard of her brother, namely, Ashutosh Kumar, was being beaten up by her husband and nandois, Pramod Gupta and Tarun Garg with danda. It has also been alleged that thereafter, all the three accused persons entered the office of her brother. The husband of the complainant caught hold of her hair and abused her. The matter was investigated by the Police and a Chargesheet was filed for offences under Sections 323/452/34 IPC. The learned Magistrate framed the charges only und











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