VIRENDER SINGH RAWAT Vs. RAKESH KUMAR GUPTA

JUDGEMENT

(1.) Through the impugned order passed by the High Court, the charges framed against Rakesh Kumar Gupta, respondent herein, were ordered to be set aside. The order passed by the High Court dated 18.09.2009, is the subject matter of challenge, at the hands of the complainant.

(2.) The incident, as it emerges from the First Information Report, was of 13.02.2003. The actual occurrence is stated to have taken place at around 10.15 p.m. The factual information reflected in the First Information Report was, that the accused in the case - Mukesh Gupta, desired the deceased and his brother - the complainant Virender Singh, to vacate the shop let out to them, by him. The shop in question was located at A-690, New Ashok Nagar, Delhi.

(3.) Despite the aforesaid occurrence having taken place at around 10.15 P.M., it is apparent that the First Information Report came to be registered with the Police Station, New Ashok Nagar at 12.20 A.M. In the First Information Report the complainant - Virender Singh named three persons, namely, Parmohan, Mukesh and Rakesh @ Ballu. It is therefore obvious, that the above three names were disclosed, at the very first opportunity. The complaint further indicated, that some other persons were also involved in the incident. The names of the other persons, were not disclosed.