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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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