RATI SAWHNEY vs STATE & ANR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 27th March, 2025 Pronounced: 27th June, 2025 + CRL.M.C. 2036/2017 & CRL. M.A. 8372/2017 1. RATI SAWHNEY W/o DHRUV SAWHNEY R/o 17, SUNDER NAGAR, NEW DELHI THROUGH: LALIT SACHDEVA S/o LATE SH. P.L. SACHDEVA C/O 15-16, EXPRESS TRADE TOWERS, 8TH FLOOR, SECTOR 16A, FILM CITY, NOIDA, U.P 201301 .....Petitioner Through: Mr. Siddharth Aggarwal, Sr. Advocate with Mr. Anunaya Mehta, Advocate. versus 1. THE STATE THROUGH SHO PS MALVIYA NAGAR NEW DELHI 2. AMULYA KUMAR ROY (DEAD) THROUGH LRs 1. ILLA ROY (WIFE) 2. DR. YOGESH ROY (SON) 3. DR. RAJNI ROY (DAUGHTER) ALL RESIDENTS OF HOUSE NO. 42, DIPALI, PITAMPURA, NEW DELHI 110034 .....Respondents Signature Not Verified Signed By:RITA CRL.M.C. 2036/2017 Page 1 of 13 SHARMA Signing Date:30.06.2025 18:23:40 Through: Mr. Yudhvir Singh Chauhan, Ld. APP for the State. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. 1. Petition under Article 227 of Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the “Cr.P.C.”) has been filed against the Order dated 06.05.2017 passed by the Ld. ASJ/Special Judge (PC Act) whereby the Order dated 16.07.2015 of the Ld. MM, summoning the Petitioner, Smt. Rati Sawhney, for the offences punishable under Sections 420/467/468/471/120B/34 of the Indian Penal Code (hereinafter referred to as the “IPC”), has been upheld. 2. Facts in brief are that Complainant/Respondent No. 2/Amulya Kumar Roy filed a Complaint dated 17.01.2009 against the present Petitioner, and also against Smt. Rati Sawhney, Smt. Geeta Roy, Dr. Juthika Roy and Sh. R.S. Rathaur for the offences punishable under Sections 420/467/468/471/120B/34 IPC. The Complainant, in the said Complaint had sta