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Vijender Gupta vs State Nct Of Delhi & Anr on 28 July, 2022

Author: Jasmeet Singh

Bench: Jasmeet Singh

                          $~49
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      CRL.M.C. 3467/2022
                                 VIJENDER GUPTA                               ..... Petitioner
                                      Through: Mr Ajay Burman, Sr. Adv. with Mr Neeraj, Mr
                                               Pavan Narang, Mr Ripudaman Bhardwaj, Mr
                                               Apoorv Kurup, Mr Satya Ranjan Swain, Mr
                                               Kautilya Birat and Mr Pratyasish Mohanty, Advs.

                                       versus

                                 STATE NCT OF DELHI & ANR.                  ..... Respondents
                                     Through: Mr Amit Sahani, APP for State
                                               Mr Rishikesh Kumar, Mr Mohd. Irshad, Mr
                                               Rakesh Kumar Sinha and Mr Kumud Ranjan
                                               Mishra, Advs. for R-2.

                                 CORAM:
                                 HON'BLE MR. JUSTICE JASMEET SINGH
                                              ORDER

% 28.07.2022 CRL.M.A.14549/2022 Exemption allowed, subject to all just exceptions. The application stands disposed of.

This is a petition seeking quashing of summoning order dated 29.06.2022 and 20.07.2022 passed by learned ACMM, Rouse Avenue District Court Complex in Complaint Case No. 25/2021, under Section 499 IPC against the petitioner and consequential proceedings arising therefrom.

It is stated by the learned senior counsel appearing for the petitioner that it is a tweet/re-tweet made by the petitioner which is nothing but an Signature Not Verified Digitally Signed byAMIT ARORA Signing Date:29.07.2022 19:54:43 expression of constructive criticism and does not constitute an offence under Section 499 IPC. The tweet/re-tweet has been made by the petitioner in his capacity as an MLA and as a public spirited citizen without any attribution of motive or malice or ill will.

Issue notice Mr Amit Sahani, learned APP accepts notice on behalf of respondent No.1. He seeks and is granted two weeks to file the status report.

Mr Rishikesh Kumar, learned counsel accepts notice on behalf of respondent No.2. He also seeks and is granted two weeks to file a response.

In the meantime, the respondent No.1 shall file a detailed status report as to the incident at Shalimar Bagh where a woman and her daughter were attacked by a group of four people in parking lot in North-West Delhi in Shalimar Bagh.

I have been shown photographs of the incident captured on CCTV which shows a sorry state of affairs. The person in the CCTV is clearly identifiable. Mr Sahani, learned APP shall file a detailed status report regarding the identity of the culprits and the status as to whether any proceedings have been initiated and whether the said persons have been arrested or not. In case they are not arrested, the status report shall indicate the reasons for the same.

List on 23.08.2022 before the Roster Bench.

This is an application seeking stay of proceedings before learned ACMM, Rouse Avenue, New Delhi.

In view of the narration above, there is no reason for staying the proceedings before the learned ACMM, Rouse Avenue, New Delhi as of Signature Not Verified Digitally Signed byAMIT ARORA Signing Date:29.07.2022 19:54:43 now. However, the petitioner shall be granted exemption from appearing through duly authorized counsel on the next date of hearing.

List before the concerned Roster Bench on 23.08.2022.

JASMEET SINGH, J JULY 28, 2022 sr Signature Not Verified Digitally Signed byAMIT ARORA Signing Date:29.07.2022 19:54:43