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$-23 & 26 HIGH COURT OF DELHI
CRL.M.C. 1519/2018
CARNETY ELIAS FERNANDES & ORS Petitioners
Through: Mr. Krishan Kumar and Mr. S.P.
Nangia, Advs.
CRL.M.C. 1519/2018
CARNETY ELIAS FERNANDES & ORS Petitioners
Through: Mr. Krishan Kumar and Mr. S.P.
Nangia, Advs.
VERSUS
STATE & ANR Respondents
Through: Ms. Manjeet Arya, APP for State.
Through: Ms. Manjeet Arya, APP for State.
AND
CRL.M.C. 1529/2018
• GARNET ELIAS FERNBANDES & ORS Petitioners
Through: Mr. Krishan Kumar and Mr. S.P., Nangia, Advs.
• GARNET ELIAS FERNBANDES & ORS Petitioners
Through: Mr. Krishan Kumar and Mr. S.P., Nangia, Advs.
VERSUS
STATE & ANR Respondents
Through: Ms. Manjeet Arya, APP for State.
Through: Ms. Manjeet Arya, APP for State.
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
23.03.2018 By these petitions, petitioners have challenged the order dated 26^^
February, 2018 passed by the learned Metropolitan Magistrate whereby application moved by them for exemption from personal appearance has been dismissed and bailable warrants in the sum of ^20,000/- have been issued.
Learned counsel for the petitioners submits that petitioner no. 3-Panna
Lal Mundhra and petitioner no. 5-Dorai Laxminarayan are suffering from
2018:DHC:8415 V cancer and are bed ridden. They are above 75 years of age and live in
Bhopal. Theyare not in a position to travel to Delhi.
Petitioners have remedy to approach the trial court for cancellation of bailable, warrants by filing appropriate appHcations. The contentions raised in the present petitions can be taken by the petitioner in the said application and documents in support can also be filed. Accordingly, I am. not inclined to entertain present petitions. Petitioners may approach the trial court by filing appropriate applications. If such application(s) are filed by the petitioner nos. 3 and 5, the same shall be consideredsympathetically.
Both the petitions are disposed of in the above terms. Miscellaneous applications are disposed of as infhictuous.
Dasti. ' X C^' MARCH 23, 2018 ga A.K. PATHAK, J.
2018:DHC:8415
23.03.2018 By these petitions, petitioners have challenged the order dated 26^^
February, 2018 passed by the learned Metropolitan Magistrate whereby application moved by them for exemption from personal appearance has been dismissed and bailable warrants in the sum of ^20,000/- have been issued.
Learned counsel for the petitioners submits that petitioner no. 3-Panna
Lal Mundhra and petitioner no. 5-Dorai Laxminarayan are suffering from
2018:DHC:8415 V cancer and are bed ridden. They are above 75 years of age and live in
Bhopal. Theyare not in a position to travel to Delhi.
Petitioners have remedy to approach the trial court for cancellation of bailable, warrants by filing appropriate appHcations. The contentions raised in the present petitions can be taken by the petitioner in the said application and documents in support can also be filed. Accordingly, I am. not inclined to entertain present petitions. Petitioners may approach the trial court by filing appropriate applications. If such application(s) are filed by the petitioner nos. 3 and 5, the same shall be consideredsympathetically.
Both the petitions are disposed of in the above terms. Miscellaneous applications are disposed of as infhictuous.
Dasti. ' X C^' MARCH 23, 2018 ga A.K. PATHAK, J.
2018:DHC:8415
JUDGMENT