Abhay Manohar Sapre JUDGMENT
Abhay Manohar Sapre, J.
1. S.L.P.(Crl.) No. 8184 of 2015 is filed against the order dated 06.07.2015 passed by the High Court of Delhi at New Delhi in Crl.M.C. No. 2447 of 2012 whereby the High Court disposed of the petition and directed the Registrar General of the High Court of Delhi to make a formal complaint in terms of paragraph 27 in Criminal Revision Petition No. 497 of 2008 for prosecution of the Appellant herein Under Section 182 of the Indian Penal Code, 1860 (hereinafter referred to as "Indian Penal Code").
2. S.L.P.(Crl.) No. 1908 of 2016 is filed against the order dated 01.02.2016 passed by the High Court of Delhi in Crl.M.A. No. 1775 of 2016 filed by the Registrar General of High Court of Delhi in Crl.M.C. No. 2447 of 2012 whereby the High Court modified its earlier order dated 06.07.2015 and directed the S.H.O., Police Station Anand Vihar, Delhi to make a formal complaint in terms of the order dated 06.07.2015, in place of Registrar General of the High Court of Delhi, who was directed to make a formal complaint for prosecution of the Appellant Under Section 182 Indian Penal Code.
3. Leave granted.
4. We herein set out the facts, in brief, to appreciate the issue involved in these appeals.
5. These appeals arise out of criminal proceedings (SC No. 13/2007) pending in the Court of Additional Session Judge, Delhi in relation to the offences registered Under Sections 120-B, 201, 302, 364 and 365 Indian Penal Code against the accused on the basis of FIR No. 333/2006 PS: SPL. Cell.
6. In the aforementioned proceedings, the State Prosecuting Agency sought to prosecute the Appellant for commission of an offence punishable Under Section 182 Indian Penal Code. The Appellant, felt aggrieved of this action of the prosecuting agency, filed an application for her discharge on the ground that since no procedure as contemplated Under Section 195 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code") was followed by the prosecution, the Appellant cannot be prosecuted for such offence.
7. The Trial Court, by order dated 25.05.2015, dismissed the Appellant's application and the order of the Trial Court was upheld by the High Court, by impugned order, by dismissing the Appellant's Criminal Misc. Application giving rise to filing of these appeals by special leave by the Appellant before this Court.
8. Heard Mr. Ajay Choudhary, learned Counsel for the Appellant and Mr. A.N.S. Nandkarni, learned ASG for the State.
9. Having heard the learned Counsel for the parties and on perusal of the record of the case, and further since the learned Counsel for the Respondent in the c........