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2023 Supreme(Del) 2122

ANUP JAIRAM BHAMBHANI
Wire Through Its Editor – Appellant
Versus
Amita Singh – Respondent


Advocates appeared:
Ms. Nitya Ramakrishnan, Senior Advocate with Mr. Rahul Kripalani, Ms. Rea Bhalla and Ms. Supraja V, Advocates, for the Petitioners.
Mr. Alok Kumar Rai, Advocate, for the Respondent.

JUDGMENT

Anup Jairam Bhambhani J.

By way of the present petition under section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.. for short) read with Article 227 of the Constitution of India, the petitioners seek quashing of summoning order dated 07.01.2017 made by the learned Metropolitan Magistrate, Patiala House Courts, New Delhi, whereby the petitioners/accused have been summonsed to face trial in CC No. 32203-16 filed by the respondent/complainant alleging offences under sections 499/500/501 and 502 of the Indian Penal Code, 1860 ('IPC. for short).

2. The petitioners impugn the summoning order on various grounds, as detailed in this judgement, the principal contention being that there was no material on record on the basis of which the learned Magistrate could have summonsed the petitioners.

3. The court has heard Ms. Nitya Ramakrishnan, learned senior counsel appearing on behalf of the petitioners; and Mr. Alok Kumar Rai, learned counsel appearing for the respondent. The court has also heard Professor Amita Singh, the respondent in-person.

4. Briefly, the factual matrix relevant for purposes of the present petition is the following :

4.1. The criminal complaint alleges

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