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2023 Supreme(Del) 5638

AMIT SHARMA
Tarak Nath Gupta – Appellant
Versus
State of Delhi – Respondent


Advocates appeared:
Mr. Kedar Yadav, Advocate, Mr. Rahul Yadav, Advocate and Ms. Nisha Singh, Advocate, for the Appellant; Mr. Hitesh Vali, APP for the State.; SI Sandeep, PS Malviya Nagar, Mr. Manoj Chaudhary and Mr. Vipul Chaudhary, Advocates for R-2.

JUDGMENT

Amit Sharma, J. - The present petition under Section 397/401 of the Code of Criminal Procedure, 1973 ('CrPC) seeks the following prayers:

    "(i) to call and examine the record of trial court and set-aside the impugned order dated 01.02.2019 passed by Shri Ajay Kumar Jain, Ld. A.S.J.-02, South District, Saket Court, New Delhi in the matter of State Versus Swatantra Kumar Jaysawal, bearing SC No. 49/2016, FIR No. 2038/15, U/S 498A/304B/306 IPC P.S. Malviya Nagar, New Delhi, OR

    (ii) any other relief which this Honble court may deem fit and proper, in the interest of justice."

    2. The facts of the case are that FIR No. 2038/2015 was registered under Sections 498A/304B of the IPC at PS Malviya Nagar, at the instance of petitioner no. 1, Sh. Tarak Nath Gupta who stated that his daughter was married to respondent no. 2, Sh. Swatantra Kumar Jaysawal in the year 2010. It was further alleged that thereafter, respondent no. 2 secured a good job in year 2012 and started harassing the complainants daughter, as a result of which she committed suicide by hanging herself at Khirki Village on 25.10.2015.

    3. During the course of trial of the aforesaid case, the petitioners, who are the parents of

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