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$ 13 HIGH COURT OF DELHI
CRL.M.C. 4791/2017 & Crl.M.A. No.19088/2017 (stay)
SUBHASH KUMAR SHARMA Petitioner
Through: Mr. Nipun Saxena, Advocate.
CRL.M.C. 4791/2017 & Crl.M.A. No.19088/2017 (stay)
SUBHASH KUMAR SHARMA Petitioner
Through: Mr. Nipun Saxena, Advocate.
VERSUS
STATE Respondent
Through: Mr. Akshai Malik, APP for State.
Mr. Chandan Malik, Advocate for complainant.
Through: Mr. Akshai Malik, APP for State.
Mr. Chandan Malik, Advocate for complainant.
CORAM:
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
01.12.2017 CrLM.A. No.19090/2017 (direction)
The application under Section 482 Cr.P.C. has been filed by the petitioner for calling Action Taken Report.
ATR has been called for.
The application stands disposed.
01.12.2017 CrLM.A. No.19090/2017 (direction)
The application under Section 482 Cr.P.C. has been filed by the petitioner for calling Action Taken Report.
ATR has been called for.
The application stands disposed.
CRL.M.C. 4791/2017
In the present petition petitioner seeks setting aside of the impugned
FIR No.495/2017 dated 16.09.2017 and subsequent order dated 06.11.2017 passed by the learned MM under Section 82 of the Cr.P.C.
It was stated by the learned MM vide its order dated 06.11.2017, that:
'An application for issuance of process under Section 82 Cr.P.0 against the accused Harish, Vishal and Subhash Kumar has been moved by the JO.
It is submitted by the JO that the NBWs against the accused persons could not be executed despite efforts and the accused persons are deliberately avoiding the process.
2017:DHC:8285 Heard. Perused. Let the process under Section 82 Cr.P. C. be issuded agsint the accused Harish g Bawa Vashisht, Vishal Vashisht and
Subhash Kuniar." Perusal of the records shows that the investigation is still in process and during the course of the investigation, the petitioner herein evaded his arrest, was absconding and on account of which NBWs were obtained against him. It is observed that the investigation is pending, the process under Section 82 has been implemented against the petitioner by the Trial
Court and there is no pertinent ground for setting aside of the said FIR and the order dated 06.11.2017.
Hence, the present petition stands dismissed along with pending application.
DECEMBER 01, 2017 afa SAN GAL, J 2017:DHC:8285
In the present petition petitioner seeks setting aside of the impugned
FIR No.495/2017 dated 16.09.2017 and subsequent order dated 06.11.2017 passed by the learned MM under Section 82 of the Cr.P.C.
It was stated by the learned MM vide its order dated 06.11.2017, that:
'An application for issuance of process under Section 82 Cr.P.0 against the accused Harish, Vishal and Subhash Kumar has been moved by the JO.
It is submitted by the JO that the NBWs against the accused persons could not be executed despite efforts and the accused persons are deliberately avoiding the process.
2017:DHC:8285 Heard. Perused. Let the process under Section 82 Cr.P. C. be issuded agsint the accused Harish g Bawa Vashisht, Vishal Vashisht and
Subhash Kuniar." Perusal of the records shows that the investigation is still in process and during the course of the investigation, the petitioner herein evaded his arrest, was absconding and on account of which NBWs were obtained against him. It is observed that the investigation is pending, the process under Section 82 has been implemented against the petitioner by the Trial
Court and there is no pertinent ground for setting aside of the said FIR and the order dated 06.11.2017.
Hence, the present petition stands dismissed along with pending application.
DECEMBER 01, 2017 afa SAN GAL, J 2017:DHC:8285
JUDGMENT