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2015 Supreme(Del) 4485

SUNIL GAUR
Rahul Gandhi – Appellant
Versus
Subramanian Swamy – Respondent


For the Petitioner:Dr. A. M. Singhvi, Senior Advocate, with Mr. Prashant Kumar, Mr. Amit Bhandari and Mr. Shikhar Sareen, Advocates.
For the Petitioner in CRL.M.C.3333/2014 & Crl.M.As.11552/2014, 15311/2015:Mr. Kapil Sibal, Senior Advocate, with Mr. Devadatt Kamat, Mr. Rajesh Inamdar, Mr. Javedur Rahman and Mr. Adit Pujari, Advocates.
For the Petitioner in CRL.M.C.3335/2014 & Crl.M.A.11562/2014:Mr. Harin P. Rawal, Senior Advocate, with Mr. Prashant Kumar, Mr. Amit Bhandari and Mr. Shikhar Sareen, Advocates.
For the Petitioner in CRL.M.C.3336/2014 & Crl.M.A.11564/2014 & CRL.M.C.2156/2015 & Crl.M.A.7630/2015:Mr. R.S. Cheema and Ramesh Gupta, Senior Advocates, with Ms. Tarannum Cheema, Mr. Shikhar Sarin and Ms. Hiral Gupta, Advocates.
For the Respondent-State:Mr. Rahul Mehra, Standing Counsel (Crl.) with Mr. Sanyog Bahadur, Mr. Shekhar, Advocates & Mr. Vinod Diwakar, Additional Public Prosecutor.
For the Respondent No. 1:Mr. Yatinder Chaudhary, Mr. Ishkaran Bhandari and Mr. Ravi Raghunath, Advocates in person.

JUDGMENT :

1. Probity of a legendary National Political Party is under scanner in these petitions. This case is one of its own kind. The complainant claims to be a public spirited person, who wishes to expose cheating, criminal breach of trust and criminal misappropriation in high places with a view to protect general public interest. In an attempt to do so, recourse to criminal law is sought to be made. The complainant, who is a respondent herein, is a Parliamentarian, who claims to have been a Member of Parliament for five times and his credentials are highlighted in the impugned order. The respondent-complainant claims to be champion in leading crusade against corruption. This time, he has sought to expose cheating, fraud, criminal misappropriation, etc., by Office Bearers of the Congress Party who also happen to be the members of a Private Company-Young Indian Private Company (hereinafter referred to as Y.I.) and major shareholders of Associated Journals Private Limited (hereinafter referred to as AJL), which was engaged in publishing of newspapers including National Herald, etc.

2. On a criminal complaint filed by Dr. Subramanian Swamy (hereinafter referred to as respondent/com







































































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