Abhishek Anand @ Vikram Singh v. State Of NCT Of Delhi & ANR.

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3896/2024 ABHISHEK ANAND @ VIKRAM SINGH .....Petitioner Through:

Mr.Naresh Panwar and Mr.Neeraj Kumar, Advocates versus STATE OF NCT OF DELHI .....Respondent Through:

Ms.Kiran Bairwa, APP for State with SI Arvind Singh, PS Janakpuri.

CORAM:

HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

O R D E R

% 05.07.2024 CRL.M.C. 3896/2024 1.

Petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been preferred on behalf of the petitioner for setting aside the order dated 04.09.2023 passed by learned MM-11, Dwarka Courts, SouthWest District, Delhi, whereby application for exemption from personal appearance preferred on behalf of petitioner was allowed subject to cost of Rs. 10,000/-.

2.

Issue notice. Learned APP for the State appears on advance notice and accepts notice.

3.

Learned counsel for the petitioner submits that the exemption from personal appearance had been sought before learned MM on the ground that the petitioner was required to appear on the same day in Court at Gautam Budh Nagar in FIR No.287/2019, P.S. Expressway. He submits that the cost imposed by the learned trial court without disputing the aforesaid ground 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 02/07/2025 at 08:31:49

appears to be perverse, since the petitioner (Abhishek Anand @ Vikram Singh) could not appear on the same date before the Court at Delhi as well as Gautam Budh Nagar. Further, Revision Petition preferred by the petitioner against the aforesaid order is stated to have been dismissed by learned ASJ.

4.

Learned APP for the State opposes the petition but does not dispute the factual position as revealed from record. 5.

Considering the totality of the facts and circumstances, this Court is of the considered opinion that having granted exemption to the petitioner from personal appearance on the ground that he was required to appear at Gautam Budh Nagar Court on the same day, learned Trial Court should have refrained from imposing cost. In the facts and circumstances, cost imposed by learned Trial Court vide order dated 04.09.2023, is set aside. Petition is accordingly disposed of. Pending applications, if any, also stand disposed of.

A copy of this order be forwarded to the learned trial court for information.

ANOOP KUMAR MENDIRATTA, J JULY 5, 2024/v 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 02/07/2025 at 08:31:49