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HIGH COURT OF DELHI
CRL.M.C. 3909/2012
AMARMISHRA
STATE & ANR Petitioner
Through: Mr. Dinesh Kumar Tiwaiy and Mr. Ramesh Thakur, Advocates
CRL.M.C. 3909/2012
AMARMISHRA
STATE & ANR Petitioner
Through: Mr. Dinesh Kumar Tiwaiy and Mr. Ramesh Thakur, Advocates
VERSUS
Through;
Respondents Mr. Sunil Sharma, Additional Public Prosecutor for State
Respondents Mr. Sunil Sharma, Additional Public Prosecutor for State
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
08.03.2013 The order impugned herein is of18^^ January, 2012 {Annexure PS) whereby petitioner has been declared proclaimed offender. Quashing of the aforesaid order as well as the proceedings arising out of FIR
No.30/2004 under Section 506/34 of IPG read with Section 27 of the
Arms Act is sought on the ground that co-accused of petitioner has been already acquitted vide order of 21^' July, 2012 {Annexure A-10) for laclc of cogent evidence.
A bare perusal of order of 21®^ July, 2012 {Annexure A-10) acquitting co-accused reveals that the complainant/first informant of the
FIR in question has been found to be untraceable and the deposition of material witnessesNo. 1,2and 6 has not been found to be incriminating.
Crl. M.C. No. 3909/2012 Page 1 2013:DHC:6647 r u
Inthe peculiar facts and circumstances ofthis case, finding that the complainant/first informant ofthe FIR inquestion who isa star witness is untraceable and that the deposition of material witnesses does not incriminate, I find that the continuance of proceedings of FIR in question against petitioner would be an exercise in fiitility. Accordingly, this petition is allowed and the impugned order as well as proceedings arising out ofthe FIR in question are quashed.
This petition stands disposedofaccordingly.
MARCH 08, 2013 mm Crl. M.C. No. 3909/2012 5unil gaur)
Judge Page 2 2013:DHC:6647
08.03.2013 The order impugned herein is of18^^ January, 2012 {Annexure PS) whereby petitioner has been declared proclaimed offender. Quashing of the aforesaid order as well as the proceedings arising out of FIR
No.30/2004 under Section 506/34 of IPG read with Section 27 of the
Arms Act is sought on the ground that co-accused of petitioner has been already acquitted vide order of 21^' July, 2012 {Annexure A-10) for laclc of cogent evidence.
A bare perusal of order of 21®^ July, 2012 {Annexure A-10) acquitting co-accused reveals that the complainant/first informant of the
FIR in question has been found to be untraceable and the deposition of material witnessesNo. 1,2and 6 has not been found to be incriminating.
Crl. M.C. No. 3909/2012 Page 1 2013:DHC:6647 r u
Inthe peculiar facts and circumstances ofthis case, finding that the complainant/first informant ofthe FIR inquestion who isa star witness is untraceable and that the deposition of material witnesses does not incriminate, I find that the continuance of proceedings of FIR in question against petitioner would be an exercise in fiitility. Accordingly, this petition is allowed and the impugned order as well as proceedings arising out ofthe FIR in question are quashed.
This petition stands disposedofaccordingly.
MARCH 08, 2013 mm Crl. M.C. No. 3909/2012 5unil gaur)
Judge Page 2 2013:DHC:6647
JUDGMENT