BRAND PROTECTORS INDIA PVT LTD vs ANIL KUMAR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Pronounced on: 25th July, 2025 + CRL.M.C. 1495/2025, CRL.M.A. 6762/2025 (stay) BRAND PROTECTORS INDIA PVT. LTD. Add: 122, Sector-15, Part-1, Gurgaon, Haryana, 122001 .....Petitioner Through: Mr. Shubham Dayma, Advocate. versus ANIL KUMAR S/o Late Mr. Shamlal Abrol R/o: Ward No. 8, Near Dangeshwar Mandir, Samba, Jammu-184121 Also at: M/s Shiva Export House, Veer Nagar, Sanoli Road, Ward No. 12, Veer Nagar, Bapoli, Panipat, Haryana Also at: Chamber No. 312, New Chambers Block, Patiala House Courts, New Delhi-110001 .....Respondent Through: CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. 1. Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as „B.N.S.S.‟) read with Article 227 of the Constitution of India, 1950, has been filed on behalf of the Petitioner, Brand Signature Not Verified Signed By:RITA CRL.M.C. 1495/2025 Page 1 of 13 SHARMA Signing Date:25.07.2025 13:05:39 Protectors India Pvt. Ltd. for partially setting aside the impugned Judgment and Order dated 25.01.2025 in CR No. 251/2024, whereby the learned ASJ, Delhi has set-aside the Order of learned Metropolitan Magistrate taking cognizance without issuing a Notice to the accused persons with the direction that the accused persons be heard before taking cognizance on the Complaint. 2. Briefly stated, the Complaint Case bearing CT No. 980/2024 titled Mr. Anil Kumar Proprietor of M/s Shiva Export House vs. Brand Protectors India Pvt. Ltd. under Section 222 of the B.N.S.S. for defamation was filed. The learned Metropolitan Magistrate vide Order dated 19.07.2024, took cognizance and directed the matter to be listed for pre-summoning evidence on 09.08.2024. 3. This Order of Summoning was ch