Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CIS No. 762/2026 CHAMANWATI Vs. Munna Gupta
PS Chandni Mahal
01.06.2026
Present: Husband of the complainant in person alongwith Ld.
proxy counsel Sh. Rohit Kumar.
Proposed accused Munna Gupta and Satish Gupta in
person alongwith Ld. cousnel Sh. Narender Gautam.
Fresh vakalatnama filed on behalf of the proposed
accused persons. Let the same be taken on record.
The Ld. proxy counsel for the complainant is
directed to supply the copy of the complaint to the Ld. counsel
for the proposed accused persons during the course of day.
As held in the case Brand Protectors India Pvt. Ltd.
Vs. Anil Kumar, 2025, SCC Online, Del, 5046, it has been held
by the Hon’ble Supreme Court that the recording of statement of
the complainant and other witnesses is a step prior taking
cognizance of the offence and that only after recording of such
statements does the question arise of affording an opportunity of
hearing to the accused before the cognizance is formally taken.
Accordingly, the complainant is directed to get
himself and other witnesses examined on oath before the
arguments on cognizance are advanced by both the parties.
The presence of proposed accused is unwarranted till
examination of witnesses is complete. He shall only be
summoned once the same stands concluded. The court deems it
apposite to clarify the fact that the proposed accused shall be
given an opportunity of hearing before the orders for cognizance
are passed but after culmination of the examination of witnesses.
Put up for examining the complainant on oath on
07.08.2026 at 2:00 p.m.
(SAYESHA CHADHA)
JMFC-08/Central/THC/Delhi
01.06.2026
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