The main legal point established in the judgment is the requirement for a prima facie appreciation of evidence and application of judicial mind while issuing summons, especially in cases involving allegations of theft.

JUDGMENT

1. The instant petition under Section 482 of the Code of Criminal Code, 1973 (hereinafter "Cr.P.C") has been filed by the Petitioner against the impugned order dated 17th March, 2018 passed by the learned Special Judge (PC ACT) CBI, East District, Karkardooma Courts, New Delhi in Revision Petition No. 30/2018 arising out of Summoning Order dated 20th June, 2015 passed in CC. NO. 901/13 titled as Om Prakash Gupta vs. Anjani Gupta" registered at Police Station Preet Vihar for offence punishable under Section 380 of the Indian Penal Code, 1860 (hereinafter "IPC").

FACTUAL MATRIX

2. The background of the case is discussed as under: -

(i) Marriage between the Petitioner and the son of the Respondent No. 2, Alok Gupta, was solemnized on 30th January, 1990 according to Hindu rites and rituals and Respondent No. 2 is the father-in-law of the Petitioner.

(ii) The relationship between the Petitioner and her in-laws was cordial in the beginning, however, it started to deteriorate with time. It has been alleged by the Petitioner that her husband used to continuously torture, harass and humiliate her for dowry and other issues since the very beginning of marriage and was maltreated by him and his family members.

(iii) The Petitioner alleges that her husband was having an illicit relationship with his office receptionist, which was supported by his family members, but objected to by the Petitioner. It was alleged that she was subjected to continuous torture, cruelty and inhumane treatment and was thrown out from her matrimonial house on 16th September, 2011.

(iv) Eventually, as the relationship between the Petitioner and her in-laws strained, both the parties filed cases against each other. One of the cases, which has given rise to the instant petition, is the case filed by the Petitioner under the Protection of Women from Domestic Violence Act, 2005, (hereinafter "DV Act"), registered as No. V-275/12. The said matter was heard by the learned Metropolitan Magistrate, Mahila Court, East District, Karkardooma Courts, New Delhi, and after consideration of arguments the learned Metropolitan Magistrate passed the Order dated 1st November, 2013, wherein it was observed that the husband of the Petitioner is 50 percent owner of the co-owned house, bearing no. A-41, Swasthiya Vihar, Delhi- 110092, the Petitioner was residing on the first floor of the said matrimonial home till the day she was dispossessed from the house, that is on 16th September, 2011 and that there was a prima facie case that the husband of the Petitioner was having an illicit affair. The learned Metropolitan Magistrate held that, in view of the above facts, the Petitioner herein was entitled to the right of residence in the first floor of the abovementioned property. It was further directed by the learned Metropolitan Magistrate that the Petitioner was restrained from interfering in the affairs of the Respondents at the ground floor and similarly, the said Respondents were also restrained from interfering in the physical possession or enjoyment at the first floor of the property of the Petitioner. Respondent No. 2 filed a Revision Petition against the aforesaid Order, however, the same was dismissed by the learned Sessions Court vide Order dated 5th December, 2013.

(v) On 4th July, 2015, the Petitioner came to know that a notice of summons was issued by learned Additional Chief Metropolitan Magistrate, East District, Karkardooma Courts, New Delhi, against her vide Order dated 20th June, 2015, in a complaint case filed by Respondent No. 2 titled Om Prakash Gupta vs. Anjani Gupta", CC No. 901/12 PS Preet Vihar, Delhi, under Section 380 of the IPC for allegedly removing certain letters from the deemed possession of the Respondent No. 2, while he was not present at his house at the aforementioned address.

(vi) Aggrieved by the said Order, the Petitioner filed a Criminal Petition, which was disposed by a coordinate bench of this Court vide Order dated 12th January, 2018, with liberty