ANUJ KUMAR GUPTA vs ARVIND KUMAR & ORS.

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on : 05.05.2025 + CRL.M.C. 587/2019 & CRL.M.A. 9493/2022 ANUJ KUMAR GUPTA ..... Petitioner versus ARVIND KUMAR & ORS. ..... Respondents Advocates who appeared in this case: For the Petitioner : Mr. Ashish Sehrawat, and Mr. Kapil Yadav, Advocates. For the Respondents : Mr. Amit Prasad, Ms. Ruchika Prasad, Ms. Chanya Jaitly, Mr. Harshil Jain and Mr. Ayodhya Prasad, Advocates for R-1. Mr. Naresh Kumar Chahar, APP for the State/R-5 with SI Praveen, PS EOW. CORAM HON’BLE MR JUSTICE AMIT MAHAJAN JUDGMENT 1. The present petition is filed challenging the order dated 27.02.2013 (hereafter ‘impugned order’) passed by the learned Additional Sessions Judge (‘ASJ’), South District, Saket Courts, New Delhi in Crl. Rev. No. 22/2010. Signature Not Verified Signed By:HARMINDER KAUR CRL.M.C. 587/2019 Page 1 of 15 Signing Date:06.05.2025 17:05:22 2. By the impugned order, the learned ASJ set aside the summoning order dated 12.08.2010 passed by the learned Magistrate while specifically noting that the allegation against Respondent No. 1 is one regarding destruction of evidence collected during the course of investigation, and of weakening of the case of the prosecution which had a reasonable nexus with the official duty of Respondent No. 1 thereby necessitating a prior sanction for prosecution. 3. The brief facts of the case are that the petitioner, in August 2007, had approached Respondent Nos. 2-4 and accused Anish Pandey for securing the admission of his son in the MBBS course. It is alleged that Respondent Nos. 2-4 and accused Anish Pandey, however, on the pretext of providing admission to the son of the petitioner in Vardhman Mahavir College, Safdarjung Hospital cheated the petitioner, and duped him into paying a sum of ₹17,