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2018 Supreme(Del) 175

GITA MITTAL, C.HARI SHANKAR
AMANDEEP SINGH JOHAR – Appellant
Versus
STATE OF NCT OF DELHI – Respondent


Advocates Appeared:
For the Petitioner: Mr. Nikhil Borwankar, Mr. Pankaj Sharma, Mr. Roopenshu Pratap Singh, Mr. David Vijay Thomas, Mr. Vikram Singh Kushwaha and Mr. Kaushik Barua, Advs.
For the Respondent: Mr. Sanjay Jain, ASG with Mr. Satyakam, ASC-GNCTD and Ms. Sneh Suman, Mr. Vidur Mohan and Mr. Sarfaraz Ahmad, Advs.

JUDGMENT :

GITA MITTAL, J.

1. This writ petition has been filed under Articles 226 and 227 of the Constitution of India by the petitioner who claims that he, alongwith his parents and relatives, has faced proceedings before the Crime Against Women Cell, Nanak Pura, New Delhi at the instance of his wife. It is complained that despite regularly attending all sessions fixed at this Cell and extending full cooperation, the proceedings culminated in registration of a FIR being FIR No. 313/16 by the Police Station Patel Nagar, New Delhi under Section 498A/406 of the Indian Penal Code.

2. It is stated in the writ petition that the petitioner was regularly summoned to the Police Station to join investigations, without a single written notice under Section 41A of the CrPC being served upon him. As such, the petitioner complains that he joined investigation on eight dates which have been detailed in para 9 of the writ petition.

3. Grievance stands made that several documents relied upon by the petitioner in his defence which were tendered by him during the proceedings before the Crime Against Women Cell during the investigation. No receipt thereof was given to the petitioner and these documents































































































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