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$'-18&19 HIGH COURT OF DELHI
CRL.M.C. 5212/2013
AVTAR SINGH Petitioner
Through: Mr. Subhash Sharma, Advocate
CRL.M.C. 5212/2013
AVTAR SINGH Petitioner
Through: Mr. Subhash Sharma, Advocate
VERSUS
STATE &ANR
Through:
Through:
W.P.(CRL) 561/2014
AVTAR SINGH
Through:
AVTAR SINGH
Through:
VERSUS
STATE
Through: ... Respondents Mr.Vinod Diwakar, Additional
Public Prosecutor for respondent- State with SI Gurjant Singh
Mr. Sikandar Khan, Advocate for Respondent No.2
Petitioner Mr. Subhash Sharma, Advocate .... Respondent
Mr.Vinod Diwakar, Additional Public Prosecutor for respondent-
State with SI Gurjant Singh
Through: ... Respondents Mr.Vinod Diwakar, Additional
Public Prosecutor for respondent- State with SI Gurjant Singh
Mr. Sikandar Khan, Advocate for Respondent No.2
Petitioner Mr. Subhash Sharma, Advocate .... Respondent
Mr.Vinod Diwakar, Additional Public Prosecutor for respondent-
State with SI Gurjant Singh
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
17.07.2015 In petition Crl.M.C.5212/2013 cancellation of bail of respondent No.2/accused in FIR No.87/2012 under Section
420/467/468/471/120B IPG registered at Police Station K.N.Katju
Marg is sought and in second petition W.P.(Crl.).561/2014 transfer
Crl.M.C.5212/2013 &W.P.(Crl.]561/2014 Page 1 2015:DHC:11618 of investigation of aforesaid FIR to CBI is sought by petitioner.
Since, both these petitions relate to one FIR, therefore, both the petitions were heard together and are being disposed of by this common order.
Mr.Vinod Diwakar, Additional Public Prosecutor for respondent-State submits that accused in this case are absconding and being declared as Proclaimed Offender.
Since accused in this case are being declared as Proclaimed
Offenders, therefore, it is made clear that respondent-accused shall not have the benefit ofbail order ofll"" July, 2013 as modified by order of 5^*^ August, 2014. So far as transfer of investigation to
CBI is concerned, Mr.Vinod Diwakar, Additional Public
Prosecutor for respondent-State submits that investigation in this
FIR case is complete and charge-sheet would be filed within four weeks after getting the accused declared as Proclaimed Offenders.
Let it be so done.
In view of the submission advanced, no case for transfer of case to CBI is made out. Petitioner is at liberty to get fiirther investigation done under Section 173(8) of Cr.P.C., if needbe.
With aforesaid observations, both the petitions stand disposed of
(SUNIL GAUR)
Judge JULY 17, 2015 vn Crl.M.C.5212/2013 &W.P.(Crl.]561/2014 Page 2
2015:DHC:11618
17.07.2015 In petition Crl.M.C.5212/2013 cancellation of bail of respondent No.2/accused in FIR No.87/2012 under Section
420/467/468/471/120B IPG registered at Police Station K.N.Katju
Marg is sought and in second petition W.P.(Crl.).561/2014 transfer
Crl.M.C.5212/2013 &W.P.(Crl.]561/2014 Page 1 2015:DHC:11618 of investigation of aforesaid FIR to CBI is sought by petitioner.
Since, both these petitions relate to one FIR, therefore, both the petitions were heard together and are being disposed of by this common order.
Mr.Vinod Diwakar, Additional Public Prosecutor for respondent-State submits that accused in this case are absconding and being declared as Proclaimed Offender.
Since accused in this case are being declared as Proclaimed
Offenders, therefore, it is made clear that respondent-accused shall not have the benefit ofbail order ofll"" July, 2013 as modified by order of 5^*^ August, 2014. So far as transfer of investigation to
CBI is concerned, Mr.Vinod Diwakar, Additional Public
Prosecutor for respondent-State submits that investigation in this
FIR case is complete and charge-sheet would be filed within four weeks after getting the accused declared as Proclaimed Offenders.
Let it be so done.
In view of the submission advanced, no case for transfer of case to CBI is made out. Petitioner is at liberty to get fiirther investigation done under Section 173(8) of Cr.P.C., if needbe.
With aforesaid observations, both the petitions stand disposed of
(SUNIL GAUR)
Judge JULY 17, 2015 vn Crl.M.C.5212/2013 &W.P.(Crl.]561/2014 Page 2
2015:DHC:11618
JUDGMENT