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2021 Supreme(Del) 469

YOGESH KHANNA
Vipul Gupta and S. P. Gupta – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Petitioner:Mr. Sandeep Sethi, Senior Advocate with Mr. Vijay Kumar Aggarwal, Mr. Ashul Aggarwal, Mr. Hardik Sharma, Mr. Shekhar Pathak, and Mr. Parth Parashar, Advocates.
For the Respondents:Mr. M.S. Oberoi, A.P.P., Mr. Dayan Krishnan, Mr. Mohit Mathur, and Mr. Sidharth Aggarwal, Senior Advocates with Mr. Narender Mann, Mr. P.S. Singhal, Mr. Ashok Kumar Sharma and Mr. Jai Allagh, Advocates.

JUDGMENT :

Yogesh Khanna, J.

(Through Video Conferencing)

1. These petitions are filed to assail an impugned order dated 05.04.2021 passed in Crl. Revision No.77/2021 (Crl. M.C. No.1163/2021) and Crl. Revision No.76/2021 (Crl. M.C. No.1186/2021) by the learned Principal District and Sessions Judge (HQs), Delhi (hereinafter referred to as the Revisional Court), against the orders dated 01.02.2021, 22.02.2021 and 06.03.2021 passed by the learned Additional Chief Metropolitan Magistrate, Tis Hazari Courts, Delhi in case State vs. S.P. Gupta & Others.

2. It is the grievance of the learned senior counsel for the petitioners vide the impugned order the learned Revisional Court had directed the petitioner herein to file an amended memo of parties by impleading the complainant defacto as respondent No.2, whereas the complainant has no role to play before learned Revisional Court and its only the learned Public Prosecutor for the State, who has to take realm of the case before learned Session’s Court. It is argued per sub-section 2 to Section 401 Cr P C no order shall be passed to the prejudice of the accused or other person unless he has an liberty of being heard either personally or through p

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