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High Court of DelhiCRL.M.C./77/2017

Gaurav Kumar Tomar v. Govt. Of NCT Of Delhi & ORS.

2017-03-14Hon'Ble Mr. Justice P.S.Teji2 pages

$~6 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 77/2017 GAURAV KUMAR TOMAR ..... Petitioner Through:

Mr. Prabodh Kumar, Mr. Yogesh Kumar, Advocates versus GOVT. OF NCT OF DELHI & ORS.

..... Respondent Through:

Mr. M.S. Oberoi, Additional Public Prosecutor for the State with W/SI Asha, Police Station Neb Sarai, New Delhi Mr. Amrit Singh, Advocate for respondent No.3/ Complainant

CORAM:

HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 14.03.2017 By this petition filed under Article 227 of the Constitution of India read with section 482 of Cr. P.C. the petitioner seeks quashing of the FIR No. 872/2015 under Section 376/406/506 of IPC Police Station Neb Sarai, New Delhi.

Mr. M.S. Oberoi, Additional Public Prosecutor for the State has informed this court that the petitioner in this case is a proclaimed offender.

During the course of hearing, counsel appearing on behalf of the petitioner submitted that he is the proxy counsel and the main counsel is not present and he is not even aware that the petitioner is

proclaimed offender in this case. On this, the petitioner ran away from the court.

In the aforesaid scenario, keeping in view the conduct of the petitioner being proclaimed offender, he does not deserve any concession under Section 482 of Cr. P.C. from this court. More so it is shocking that though it was informed by the learned Additional Public Prosecutor for the State that the petitioner has been declared proclaimed offender vide order dated 4th January 2017, nothing is being done in this case.

With aforesaid observations, the present petition is dismissed and disposed of as such.

P.S.TEJI, J MARCH 14, 2017 pkb