learned Additional Chief Metropolitan Magistrate in the
previous complaint cannot operate as an acquittal within the
meaning of Section 257 so as to bar subsequent prosecution
of the petitioner on the same facts.”
25.
This Court notes that in the present case, the respondent no. 2
herein had filed a complaint i.e. Ct. Cases 5786/2018, titled „Vikas
Sankritayan @ Vikas Pandey v. Dhruv Rathee & Ors.‟ on 04.07.2018
for offence under Section 499/500 of IPC against three accused
persons i.e. Sh. Dhruv Rathee (the original author), one Sh. Mahavir
Prasad Khileri and Sh. Arvind Kejriwal i.e. the petitioner herein. On
18.10.2018, the complainant had tendered his pre-summoning
evidence, and on the same date, he had also given a statement before
the learned MM-01, South-East, Saket Court, Delhi that he wishes to
withdraw his complaint against accused no. 3 with liberty to file
afresh before the court of competent jurisdiction. This statement
reads as under:
“On SA
I wish to withdraw my complaint against alleged No. 3 Sh.
Arvind Kejriwal with liberty to file the same before the Court
of competent jurisdiction. I may be permitted for the same.
RO & AC”
26.
Further, on the same day, the following order was passed by
the learned Magistrate:
“Complainant submits that he wishes to withdraw his
complaint qua alleged No. 3 Sh. Arvind Kejriwal with liberty
to file fresh complaint as per law in the court having
competent jurisdiction. Statement of the complainant is
separately recorded to this effect and name of alleged No. 3 is
dropped accordingly.
Complainant is examined as CW1 and discharged.
Signature Not Verified
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:05.02.2024
16:25:50
CRL.M.C. 6347/2019
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