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2019 Supreme(Del) 2336

R.K.GAUBA
Salman Khurshid – Appellant
Versus
State Nct of Delhi – Respondent


Advocates Appeared:
For the Petitioner:Mr. Sidharth Luthra, Senior Advocate with Mr. Aadil Singh Boparai, Ms. Sakshi Kotiyal, Mr. Shivanshu Singh & Mr. Prithvi Narula, Mr. Pramod Kumar Dubey and Mr. Kushank Sindhu, Advocates
For the Respondent:Ms. Meenakshi Chauhan, APP for State with SI Rakesh Kumar, PS Amar Colony Mr. Puneet Mittal, Senior Advocate with Ms. Vasudha Bajaj & Mr. A.Gupta, Advocates

JUDGMENT :

1. These petitions arise out of various orders relating to a criminal case pending on the file of the Metropolitan Magistrate, South-East District at Saket Courts Complex, New Delhi and have given rise to certain common questions of fact and law and, therefore, on the request of all parties, have been heard together and are being decided through this common judgment. It may be mentioned here that the criminal case relates to first information report (FIR) no.421/2015 of police station Amar Colony, which was registered on 31.03.2015, on the complaint of Rear Admiral M.M. Chopra, described as Vice- Chairman of Delhi Public School Society (“DPS Society”) respecting an incident that had statedly occurred from about 9.30 a.m. onwards on 30.03.2015 in the office of DPS Society located at F Block, East of Kailash, New Delhi-110065.

2. On the allegations made in the complaint dated 30.03.2015 which formed the basis of the above-said FIR, the police initially took it to be a case involving offence punishable under Section 448 read with Section 34 of the Indian Penal Code, 1860 (IPC), reference at that time having been made to the involvement of Dr. (Mrs.) Sharda Nayak (respondent i

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