SANJAY GUPTA & ANR. Vs. STATE

JUDGEMENT

(1.) BY this petition filed under Section 482 of Code of Criminal Procedure (hereinafter referred to as Cr.P.C.) the petitioners seek a direction for setting aside of the impugned orders dated 06.09.2010 and 21.09.2010 passed by the learned Additional Sessions Judge, Rohini, Delhi. Learned counsel for the petitioners submits that the said FIR being No. 751/2008 registered under Sections 324/341/506/34 IPC at Police Station Saraswati Vihar, New Delhi was lodged at the instance of the complainant Sh. Arun Kumar on the basis of the complaint made by him on 29.11.2008.

(2.) LEARNED counsel for the petitioners also submits that the complainant had disclosed the name of the present petitioners not in the initial complaint but much later in time. He further submits that the police also found in the investigation that these petitioners were not involved in the fight but they intervened only to prevent the accused and the complainant from fighting.

(3.) LEARNED counsel for the petitioners submits that after taking cognizance by the Magistrate, the case was committed for trial before the learned Addl. Sessions Judge and after committal of the case the learned Addl. Sessions Judge took cognizance even against the present petitioners and accordingly the petitioners were directed summons for 29.09.2010 vide orders dated 06.09.2010 and 21.09.2010.