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2023 Supreme(Del) 91

JASMEET SINGH
Ravinder Lal Airi – Appellant
Versus
S. Shalu Construction Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Dhruv Dwivedi, Adv.
For the Respondent: Mr. Rahul Tyagi, Mr. Jatin, Mr. Aashish Chojar, Advs. with SI Murari Krishan, adv

JUDGMENT :

JASMEET SINGH, J.

Crl.M.A. 1952/2023 & Crl.M.A. 1953/2023

1. Exemption allowed, subject to all just exceptions.

2. Applications stand disposed of.

W.P.(Crl) 209/2023

3. This is a petition seeking setting aside of the impugned judgment dated 19.11.2022 passed by learned Sessions Court in Crl. Rev. 23/2020 and to restore the order dated 06.01.2020 passed by the learned ACMM.

4. In the present case, the learned ACMM vide order dated 06.01.2020 on an application u/s 156(3) Cr.P.C. filed by the petitioner was pleased to disregard the action taken report (“ATR”) and direct registration of the FIR.

5. The said order was challenged by the respondents herein in a revision petition before Additional Sessions Judge who firstly discussed the legal position and held that the revision petition is maintainable.

6. Secondly, the learned Sessions Court was of the view that once the action taken report opined that no cognizable offence is made out and the matter is civil in nature, for the learned ACMM to disagree with the opinion of the inquiry officer and order registration of FIR would require reasons.

7. The Sessions Court was of the view that the order of 06.01.2020 was devoid of reasons and h

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