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2022 Supreme(Del) 1220

ASHA MENON
Sarvesh Mathur – Appellant
Versus
State Of NCT Delhi – Respondent


Advocates appeared:
in person, for the Petitioner; Ms. Manjeet Arya, APP, for the State No. 1; Mr. P.K. Dubey, Senior Advocate with Ms. Ruby Singh Ahuja, Mr. Vikas Gogna, Mr. Vishal, Mr. Lakshya Khanna, Mr. Satyam Chaturvedi, Mr. Anurag Andley, Mr. Akshat Sharma, Mr. Devesh Nath Tiwari & Mr. Harpreet Kalsi, Advocates, for the Respondent No. 2; Mr. Shiv Singh & Ms. Ipsita Agarwal, Advocates, for the Respondent Nos. 3 & 4

JUDGMENT

1. The petition has been filed under Section 482 and 483 Cr.P.C. with the following prayers:-

    'I. Call for the photocopies/scanned records of CRR/630/2019 and Ct. Case/18737/2018 and quash/set aside in its entirety the impugned order dated 07.10.2020 of the Ld. Additional Sessions Judge, Tis Hazari Courts, Delhi passed in CRR No: 630/2019 and restore the Summoning order dated 30.08.2019 of the Ld. Magistrate, THC, Delhi passed in Ct. Case/18737/2018 vide which he had summoned Accused No: I, 2 and 3 for the offence of defamation punishable u/s 500 IPC. II. Stay in the interim the impugned order dated 07.10.2020 of the Ld. Additional Sessions Judge, THC passed in CRR/630/2019 against Accused No: 2-Shyamal Mukherjee and Accused No: 3- Ms. Nandini Chatterjee who are yet to be served Summons issued vide order dated 30.08.2019 of the Ld. Magistrate, Tis Hazari Court, Delhi in Ct. Case/18737/2018. III. Direct the Ld. Magistrate, THC, Delhi to re-serve forthwith the Summons to Accused No: 2 and 3 in Ct.Case/18737/2018 by all permissible modes including by email and whatsapp and to proceed further in accordance with the law. IV. Pass such other orders as it may deem fit and appropria

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