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2023 Supreme(Del) 925

AMIT SHARMA
Rahul Yadav – Appellant
Versus
State – Respondent


Advocates appeared:
Mr. Rajat Aneja & Ms. Anushka, Advocates, for the Petitioners.
Mr. Hitesh Vali, APP, for the State with SI Dinesh Kumar, PS Tilak Nagar.
Mr. Vikas Pahwa, Senior Advocate with Mr. Arun Kanwa, Advocate, for the Respondent No. 2.

JUDGMENT

Amit Sharma, J. The present petition under Section 482 of the Code of Criminal Procedure, 1973 (`CrPC`) is directed against the orders dated 21.08.2012 and 28.09.2012, passed by Shri Rakesh Siddharth, learned Additional Sessions Judge (`ASJ`), Tis Hazari Courts in SC No. 57/2011, titled `State vs. Jagan Nath & Ors.`, arising out of FIR No. 08/2011, under Sections 380/328 of the Indian Penal Code, 1860 (`IPC`), registered at PS Tilak Nagar.

2. By way of the aforesaid orders, the learned ASJ, dealt with and allowed the application filed on behalf of respondent no. 2 herein under Section 307 read with Section 306(1) of the CrPC and granted the benefit of being an approver to her.

3. Briefly stated, the facts relevant for adjudication of the present petition are as under:

i. On 08.01.2011, a complaint was filed by the husband of respondent no. 2, alleging that on 08.01.2011, when he got up in the morning at about 10:00/11:00 A.M, he found his father, his brother and his children in an unconscious condition. It was alleged that he saw his wife, i.e., respondent no. 2 for a moment, after which she could not be seen in the house. It was further alleged that he then received a cal










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