DELHI HIGH COURT
PURUSHAINDRA KUMAR KAURAV
Rajender Singh – Appellant
Versus
Dharmender Sharma – Respondent
| Table of Content |
|---|
| 1. petition filed against earlier court order. (Para 1) |
| 2. details of the theft case and arrest. (Para 2 , 3) |
| 3. revisional court sets aside summons. (Para 4) |
| 4. argument on lack of sanction under law. (Para 5) |
| 5. respondent argues legality of arrest. (Para 6) |
| 6. petitioner's claim of wrongful arrest. (Para 9 , 10 , 11) |
| 7. magistrate finds basis for summoning. (Para 12) |
| 8. legal implications of section 140 dp act. (Para 13 , 14) |
| 9. essential elements of defamation considered. (Para 15) |
| 10. case law examined against official duty. (Para 18 , 19 , 20) |
| 11. court's decision to set aside prior ruling. (Para 21) |
JUDGMENT
1. This petition under Section 482 of the Code of Criminal Procedure,1973 (Cr.P.C) is directed against order dated 09.10.2014 passed by learned Additional Sessions Judge-04, South-West Dwarka, New Delhi in Crl. Revision No. 16/2014, whereby, the revision petition preferred by the respondent against the order of issuance of summon dated 31.05.2013 had been allowed.
2. The facts of the case show that on 28.06.2007, a raid was conducted regarding theft of electricity at the house near Pole No. SNFXP-0095, Anand Vihar, Main Road, Najafgarh, New Delhi and a complaint
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