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2018 Supreme(Del) 2516

R.K.GAUBA
AJAY KHANDELWAL – Appellant
Versus
STATE – Respondent


Advocate Appeared:
For the Petitioner:Mr. Vikas Arora, Advocate with Ms. Radhika Arora & Mr. Manish Sharma, Advocates
For the Respondent:Mr. Mukesh Kumar, APP Mr. Ankit Jain, Advocate with Mr. Siddhant Nath, Advocate

ORDER :

1. By the order dated 24.01.2014, the Metropolitan Magistrate, acting upon the report of investigation which had been submitted before him pursuant to order dated 20.09.2006 in the context of the First Information Report (FIR) No.41/2000 of Police Station Punjabi Bagh, directed summons to be issued to the petitioner calling him upon to appear as an accused to face prosecution for offences punishable under Sections 406/420/120-B/506 of Indian Penal Code, 1860 (IPC).

2. Aggrieved by the said order(s), the petitioner (the accused) approached this court invoking its inherent power and jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) submitting that the process initiated by such order is in the nature of abuse of process of court, his prayer being for the same to be set aside. The petition is resisted by the complainant (the second respondent), the State (first respondent) taking a neutral position.

3. Submissions of both sides have been heard at length and the record has been perused.

4. It is essential to go into the history of the dispute between the parties and for such purposes reference needs to be made to the pleadings of a civil suit [CS (OS)







































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