ASHOK GOEL Vs. GOVT OF NCT

JUDGEMENT

(1.) The present petitioner impugns an order by the learned Metropolitan Magistrate dated 25.10.2004 whereby he issued process and summoned the petitioner upon a complaint by the respondent/complainant.

(2.) Mr. Sharma, learned counsel appearing on behalf of the petitioners, urge that the complaint was motivated with mallice and that the incident alleged in it never occurred. He relied upon the copies of documents and urged that in fact the petitioner was the victim of assault on the concerned date which had led to filing of initiation of proceedings under Section 107/150 Cr. P.C. He relied upon the report of the Additional DCP, on the previous complaint by the respondent/complainant, even when the proceedings were started under Section 107.

(3.) Learned counsel placed reliance upon the relevant part of that report of enquiry which reads as follows :-