Rajveer Sharma v. State Of NCT Of Delhi

$~82 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3758/2024 & CRL.M.As. 14391-92/2024 RAJVEER SHARMA ..... Petitioner Through:

Mr. Neeraj Bhardwaj, Advocate.

versus STATE OF NCT OF DELHI ..... Respondent Through:

Mr. Ashneet Singh, APP for State with SI Sunil Verma PS Kalkaji, New Delhi.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 09.05.2024 1.

By way of present petition filed under Section 482 Cr.P.C, the petitioner seeks setting aside of the order dated 10.04.2024 passed by the learned MM-06, South East District, Saket Courts, New Delhi in the case arising out of FIR No.70/2023 registered under Sections 420/406/467/468/471 IPC at PS Kalkaji, New Delhi. 2.

Learned counsel for the petitioner states that vide impugned order, the petitioner has been declared as absconder, despite the fact that the petitioner had already approached this Court vide Bail Appln. No.880/2024, which first came up for consideration on 12.03.2024, wherein interim protection was granted to the petitioner subject to petitioner joining investigation. On the next date of hearing i.e. on 16.04.2024, the Court was informed that despite the interim protection, the petitioner had failed to join investigation and the bail application was dismissed as withdrawn. In between on 10.04.2024, after execution of the process, statement of the process server The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/05/2024 at 19:58:54

was recorded by the learned MM, consequent to which he was declared as an absconder. Indeed, the petitioner has not joined investigation but as on 10.04.2024, he [had been granted] interim protection [by this Court. 3.

Considering the aforesaid, the impugned order is set aside. 4.

Needless to say, the learned MM shall be at liberty to freshly execute the process and proceed further in terms thereof. 5.

The petition is disposed of in above terms along with pending applications.

6.

A copy of this order be communicated to the concerned Trial Court for information and compliance.

MANOJ KUMAR OHRI, J MAY 9, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/05/2024 at 19:58:54