Awdesh Kumar v. The State (The N.C.T Of Delhi)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 361/2016 AWDESH KUMAR ..... Petitioner Through:

Mr. Ashok Singh, Mr. Kapil Kumar Nim, Advocates versus THE STATE (THE N.C.T OF DELHI) ..... Respondent Through:

Mr. Amit Chadha, Additional Public Prosecutor for the State

CORAM:

HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 22.02.2016 By this petition filed under Section 438 of Cr. P.C., the petitioner seeks anticipatory bail in a case registered as FIR No. 310 of 2015 under Section 498-A/406/34 of the Indian Penal Code at Police Station Mayapuri, Delhi.

Counsel for the petitioner contended that the petitioner has also filed a petition under Section 482 of Cr. PC being Crl. M.C.No. 3666/2015 before this court for quashing of the FIR in question on the ground of territorial jurisdiction and this court has issued notice to the State vide order dated 13th October 2015.

Mr. Amit Chadha, Additional Public Prosecutor appears for the State and has submitted the status report, copy of which has been supplied to counsel appearing for the petitioner today in court. The

status report shows that the learned Metropolitan Magistrate, Mahila Court has already issued the non-bailable warrants against the petitioner and even proceedings under Section 82 of Cr. PC have been obtained from the Mahila Court. Copy of the proclamation issued under Section 82 of Cr. PC has also been annexed with the status report and also supplied to counsel for the petitioner. After hearing counsel appearing for the petitioner as well as learned Additional Public Prosecutor for the State and considering the fact that the NBWs as well as proceedings under Section 82 of Cr. PC have already been issued against the petitioner, this court is not inclined to grant the concession of anticipatory bail to the petitioner at this stage. Accordingly, the present bail application filed by the petitioner is dismissed P.S.TEJI, J FEBRUARY 22, 2016 pkb