Mukta Gupta, J.

Crl. M.A. 17705 of 2016

Exemption allowed, subject to all just exceptions.

Crl. M.C. 4249 of 2016 & Crl. M.A. 17704 of 2016

1. FIR No. 12 of 2013 was registered at PS Crime Branch on 15th January, 2013 pursuant to a written complaint dated 10th January, 2013 made by respondent No.2 through its Director Rajiv Bhadauria. On completion of investigation, the investigating officer filed a final report under Section 173(2) of Code of Criminal Procedure on 29th July, 2015 opining that there was no evidence to proceed against Samir Ahluwalia, the petitioner herein as an accused. On a protest petition filed by the complainant/respondent No.2, the petitioner filed an application seeking supply of copy of the protest petition and an opportunity of being heard. The application filed by the petitioner was dismissed by learned CMM vide order dated 23rd April, 2016 inter alia the following reasons:-

“13. Coming on to the aspect, whether this right can be granted to accused person, to my mind the answer is emphatic “no” the reasons are as under:-

1. There is nothing adverse/incriminating against the accused persons and invariably if he is made to participate in the said proceed