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2021 Supreme(Del) 540

SUBRAMONIUM PRASAD
In The Matter of : Deepak Dua – Appellant
Versus
State – Respondent


Advocate Appeared:
For the Petitioner:Mr. Tanveer Ahmed Mir, Advocate with Mr. Gurpreet Singh, Mr. Bakul Jain and Mr. Jatin S Sethi, Advocates
For the Respondent:Ms. Kusum Dhalla, APP, Mr. GP Thareja, with Mr. Satyam Thareja, and Mr. Harshit Thareja, Advocates

JUDGMENT :

Subramonium Prasad, J.

1. This petition under Section 397 Cr.P.C read with Section 482 Cr.P.C is directed against the orders dated 04.09.2018 and 14.09.2018, passed by the learned Additional Session Judge (SFTC)-2, Karkardooma Courts, framing charges against the petitioner for offences under Sections 376-D/376(2)(n)/376(1) of the Indian Penal Code, 1860 (hereinafter, 'IPC').

2. Shorn of details, the facts leading to the present petition are as under :

    (a) On the complaint of the prosecutrix, FIR No. 571/2016 was registered on 05.11.2016 at Police Station Ashok Nagar for offences under Sections 376/506/34 IPC. It is stated by the complainant that on 08.02.2012 she joined a gym run by one Krishan Kumar in partnership with the petitioner herein. It is stated that the prosecutrix did not have good relations with her husband and they lived separately. It is stated that one day when the prosecutrix was in the gym, her husband came there and started abusing her. It is stated that taking advantage of the fact that she does not have good relations with her husband, accused Krishan Kumar started getting close to the prosecutrix. It is stated that Krishan Kumar told the prosecutrix tha

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