ANUJ KUMAR GUPTA vs ARVIND KUMAR & ORS.

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. 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 neces