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2016 Supreme(Del) 4407

A.K.PATHAK
Pooja Taneja – Appellant
Versus
State of NCT of Delhi – Respondent


Advocates Appeared:
For the Petitioner: Mr. Vikas Pahwa, Ms. Chandrani Prasad, Ms. Mitari Thakkar, Mr. Kinnori Ghosh, Mr. Aditya Dogra
For the Respondents: Mr. R.S. Kundu, Mr. Ankit Kumar Gulia
For the State : Mr. Dayanan Krishnan, Mr. Baldev Raj, Mr. Shikha Tyagi, Mr. Sumit Sandeep Tyagi

JUDGMENT :

A.K. Pathak, J.

W.P.(CRL) 624 of 2015

1. Aggrieved by the judgment dated 21st January, 2015, passed by the learned Additional Sessions Judge, Delhi in Crl. Revision Petition no. 83/1/14, petitioner has filed this petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (“the Code”, for short). By placing reliance on Radhey Shyam & Anr. Vs. Chabbi Nath, (2015) 5 SCC 423, learned Senior Counsel for the respondent no. 5 has challenged the maintainability of the writ petition under Article 226 of the Constitution of India, against the judicial order passed by the learned Additional Sessions Judge, Delhi. It is further contended that petition under Article 227 of the Constitution of India has to be treated as an application and not the writ petition. Reliance has been placed on Shalini Shayam Shetty & Anr. Vs. Rajendra Shankiar Patil, (2010) 8 SCC 329.

2. Vide order dated 12th August, 2016, my learned Predecessor called upon the learned counsel for the petitioner to satisfy the Court with regard to maintainability of writ petition against the judicial order and also for seeking registration of the FIR, after ha
























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