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2018 Supreme(Del) 1240

ANU MALHOTRA
Aseem Kapoor – Appellant
Versus
State of Nct of Delhi – Respondent


Advocates Appeared:
For the Petitioner: Mr. Manoj Kr. Ohri, Sr. Adv. with Mr. Indresh Kr., Adv., Mr. Vaibhav Gaggar, Adv., Mr. Pramod Kr. Dubey, Adv.
For the Respondent:Mr. Ashish Dutta, APP. for State with SI Harbir Singh, P.S. R.K. Puram. Mr. Ankur Chawla, Mr. Sangram Singh & Ms. Srishti Juneja, Advocate for the sister of the injured

JUDGMENT :

ANU MALHOTRA, J.

1. Vide this common judgment all the three petitions are taken up for consideration in as much as they all impugn the summoning order dated 16.5.2015 of the learned Metropolitan Magistrate, Patiala House Court, New Delhi in FIR No.390/13, Police Station R.K. Puram, whereby the petitioners, namely, (i) Aseem Kapoor in Crl.M.C. No.2208/2015; (ii) Shiv Kumar Jatia in Crl.M.C. No. 2209/2015 and ;

(iii) Karan Lal in Crl. M. C. No. 3480/2015,

have been summoned for the alleged commission of the offences punishable under Sections 336/338 read with Section 32 of the Indian Penal Code, 1860, and Section 4 of the Cigarettes and Other Tobacco Products Act—2003, hereinafter referred to as COTPA 2003, and proceedings therein. The three petitions also seek the quashing of the charge-sheet dated 16.3.2015 filed in relation to the alleged commission of offences with the FIR No.390/13, Police Station R.K. Puram, having initially been registered on 19.10.2013 for the alleged commission of offences punishable under Section 308 of the Indian Penal Code, 1860 and all consequ










































































































































































































































































































































































































































































































































































































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