SANJAY GUPTA Vs. STATE

JUDGEMENT

(1.) By this common judgment, three petitions filed under Sec. 482 Cr.P.C. by the petitioners, Sh. Sanjay Gupta and Smt. Kamlesh Gupta, shall be disposed of. The respondent No.1 is the State and respondent No.2 is Alka Gupta.

(2.) The petitions have been filed under Sec. 482 Cr.P.C. seeking quashing of the criminal cases filed under Sec. 340 Cr.P.C. by respondent No.2 being CC Nos. 18563/2018, 18564/2018 and 18565/2018, and the common order dtd. 13/3/2020 passed by the learned District and Sessions Judge, New Delhi District, Patiala House Courts, New Delhi in the revision petitions filed by the respondent No.2 being Criminal Revision Nos. 548/2019, 549/2019, and 550/2019 respectively.

(3.) Mr. Manish Vashisht, learned senior counsel for the petitioners, has argued that the revision itself was not maintainable against the orders of the learned Metropolitan Magistrate dtd. 27/7/2019. It was his contention that under Sec. 341 Cr.P.C., only an appeal lay against an order under Sec. 340 Cr.P.C. It was submitted that therefore, the revision itself had to be dismissed, however instead, it had been allowed and the matters remanded back to the learned Metropolitan Magistrate.