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High Court of DelhiCRL.M.C./3657/2017

Ramnish Geer & ANR v. Ashok Kumar Aggarwal & ANR

2018-01-12Hon'Ble Mr. Justice A.K. Pathak2 pages

$~31 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3657/2017 RAMNISH GEER & ANR ..... Petitioners Through:

Mr. Suraj Rathi, Adv.

versus ASHOK KUMAR AGGARWAL & ANR ..... Respondents Through:

Mr. Rakesh Khanna, Sr. Adv. with Mr. Ashutosh Dubey, Mr. Abhishek Chauhan and Ms. Bushna Kazim, Advs. for R-1.

Mr. Sanjiv Bhandari, SPP with Mr.

Prateek Kumar, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 12.01.2018 Crl. M.A. 18083/2017 Disposed of as not pressed.

Crl. M.C. 3657/2017 By this petition under Section 482 of the Cr.P.C., petitioner has assailed the order dated 7th July, 2007 passed in Crl. Rev. P. 27/2007. On the complaint of respondent no.2, petitioner was summoned under Sections 323/427/448 IPC. Petitioner challenged the summoning order by filing Crl. M.C. 2223/2011 before this Court, which was dismissed vide judgment dated 29th March, 2016.

Respondent no.1 had filed a revision petition before the Sessions Judge praying therein that petitioner ought to

have been summoned under Sections 218/166/343/120B IPC as well. The said revision petition was dismissed by the Revisional Court vide impugned order. There is delay of more than 10 years in filing the present petition. It is not the case that petitioner was not aware of the impugned order. Even otherwise, in the above facts, the present petition is nothing but an abuse of process of law. Petition is dismissed with costs of `25,000/- to be deposited by the petitioner with the Delhi High Court Legal Services Committee within four weeks.

Miscellaneous applications are disposed of as infructuous.

A.K. PATHAK, J.

JANUARY 12, 2018 ga