UNNATI BHARDWAJ Vs. K.P.SHARMA
LAWS(DLH)-2020-3-92
HIGH COURT OF DELHI
Decided on March 13,2020

UNNATI BHARDWAJ And ANR Appellant
VERSUS
K P SHARMA Respondents




JUDGEMENT

Rajnish Bhatnagar, J. - (1.)The petitioners have filed the present petition u/s 482 of the Cr.P.C. with the following prayers :
a) Allow the present petition and quash the impugned order passed by the Ld. Additional Session Juge-03 (South-East), Saket Courts, New Delhi dated 19.08.2019 in Cri. Rev. No. 204578/2019 titled "Unnati Bhardwaj and Anr. Vs. State (Govt. of NCT) of Delhi and Anr." as well as the summoning order dated 16.03.2016 passed by the Ld. Metropolitan Magistrate-07, (South -East), Saket Courts, New Delhi in CC No. 90/1/2015 titled "K.P. Sharma Vs. Unnati Bhardwaj and Ors."

b) Quash the complaint, CC No. 90/1/2015 titled "K.P. Sharma Vs. Unnati Bhardwaj and Ors." pending in the Court of Ld. Metropolitan Magistrate (South East), Saket Courts, Delhi.

(2.)Briefly stated, the facts of the case are that the respondent herein had instituted a criminal complaint (CC No. 90/1/15) U/s 200 Cr.P.C. for commission of offence punishable under section 500 IPC read with Section 120-B IPC against the petitioners herein. The petitioners who are the relatives of the respondent who retired as junior engineer in DDA have casted allegations against the respondent that he indulged in corruption and made lot of money in the department. The respondent has filed supporting material substantiating his allegations. It is stated that the acts of the petitioners have brought ill repute and mental agony to the respondent in his department and before the acquaintances.
(3.)The Ld. MM-07, (SE) vide his order dated 16.03.2016 summoned the petitioners holding as follows:
"In my view after perusal of the record, there are sufficient grounds proceeding against the accused. Hence, I take cognizance of the offence against the accused persons.

Hence, the accused persons be summoned for next date on filing of list of witness, if he has already not done so and process fee for the purpose of summing of the accused persons.

Accused persons be summoned for 14.04.2016. PF is to be filed within 7 days."



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