OM GUPTA vs STATE OF DELHI NCT & ORS

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on : 24.02.2025 + CRL.M.C. 4025/2019 OM GUPTA .....Petitioner versus STATE OF DELHI NCT & ORS .....Respondents + CRL.M.C. 6168/2019 OM GUPTA .....Petitioner versus STATE & ANR. .....Respondents Advocates who appeared in this case: For the Petitioner : Mr. Adit S. Pujari, Mr. Shaurya Mittal and Ms. Mantika Vohra, Advs. For the Respondent : Mr. Sunil Kumar Gautam, APP for the State with Insp. Itarpal Madan, EOW. Ms. Mamta Wadhwa, Adv. for Mr. Krishna Kumar Soin (through VC). CORAM HON’BLE MR JUSTICE AMIT MAHAJAN JUDGMENT 1. The present petitions are filed challenging orders dated 29.11.2012 and 21.10.2013 (hereafter ‘impugned orders’), passed by Signature Not Verified Signed By:HARMINDER CRL.M.C. 4025/2019 & CRL.M.C. 6168/2019 Page 1 of 17 KAUR Signing Date:04.03.2025 16:09:59 the learned Additional Sessions Judge (‘ASJ’), South East District, Saket Courts, in Criminal Revision Nos. 15/2012 and 64/2013 respectively. 2. By the impugned orders, the summoning order dated 01.03.2011, passed by the learned Trial Court, was set aside qua Mr. R.R.K. Tiwari (Respondent No.2 in CRL.M.C. 4025/2019) and Mr. Krishna Kumar Soin (Respondent No.2 in CRL.M.C. 6168/2019) respectively, and they were discharged in the proceedings arising out of FIR No. 420/1995, registered at Police Station C.R. Park. 3. The brief facts of the case are as follows: 3.1. On 28.08.1995, FIR No. 420/1995 was registered at Police Station C.R. Park for offences under Sections 420/406/120B/34 of the Indian Penal Code, 1860 (‘IPC’). It is alleged that in December, 1986 and January, 1987, M/s Pushpa Builders Ltd. (hereafter ‘the company’) gave certain advertisements in various newspapers for sale of shops in Pushpa Auto Complex. It was also mentioned that