VINAY GUPTA Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The petitioner has filed the present petition under Article 226 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, 1973 ("Cr.P.C.") seeking setting aside of the impugned order dtd. 20/9/2022 passed by learned Principal and Sessions Judge (South), New Delhi in C.R. NO. 270/2022 wherein, the order dtd. 1/6/2022, passed by learned Metropolitan Magistrate 04 (South) Saket Court, New Delhi in C.R. Case No. 3036/2018, relating to FIR No. 140/2017 registered at Police Station Sangam Vihar, has been upheld.

(2.) The brief facts of the case are that on 26/3/2017, petitioner no.1, i.e., Vinay Gupta, along with petitioner no.2, i.e., Satish Gupta and petitioner no.3, i.e., Aman Gupta, had gone to meet some acquaintances at around 7:30 pm, in C Block at Sehrawat Gas Agency, New Delhi where a person namely, Pawan Bhure along with six -seven persons including respondent no.2, i.e., Narender and respondent no. 3, i.e., Sumit Kumar surrounded the present petitioners and threatened them stating that they shall not allow any political campaign in the area. The petitioners herein asked respondent nos. 2 & 3 to leave them alone, however, respondent nos. 2 and 3 caught hold of one, namely Ashutosh Gupta and attacked him and the petitioners. Petitioners called the PCR to the crime spot, but respondents absconded from the spot before the PCR could arrive. After that, PCR took injured petitioner nos. 1, 3 and Ashutosh to Batra Hospital. After treating the injured persons, doctors prepared their MLC. On 27/3/2017, the petitioners herein lodged an FIR bearing no. 139/2017 at Police Station Sangam Vihar, Delhi, for offences punishable under Ss. 323/341/506 and 34 of the Indian Penal Code, 1860 ("IPC").

(3.) On 27/3/2017, respondent no. 2 also lodged a cross FIR bearing no. 140/2017 at Police Station Sangam Vihar, for offences punishable under Ss. 324 and 34 of the Indian Penal Code, 1860 ("IPC"), wherein it was stated by respondent no. 2 that on 26/3/2017, the petitioners herein, along with a few others came near C Block, Sherawat Gas Agency for election campaign and during a heated conversation with the respondents, petitioners herein started beating respondent nos. 2 and 3 with a stick and a sharp thing/weapon thereby causing serious injuries. After that, respondent nos. 2 and 3 went to AIIMS Trauma Centre, New Delhi, where the concerned doctors had to administer seven stitches to respondent nos. 2 and 10 stitches to respondent no. 3. MLCs of both respondent nos. 2 and 3 were filed alongwith the complaint.