High Court of DelhiCRL.M.C./687/2017

Abhishek Jha v. State & ANR

2017-02-17Hon'Ble Mr. Justice I.S.Mehta2 pages

$~27 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 687/2017 ABHISHEK JHA ..... Petitioner Through:

Mr.Rajeev Kumar and Mr.Rohit Shanker, Advocates.

versus STATE & ANR ..... Respondents Through:

Mr.Raghwinder Varma, APP for State with W/SI Roshni Sharma, P.S.

CWC, Nanakpura, New Delhi.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 17.02.2017 CRL.M.A.2899/2017 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 687/2017 and Crl.M.A.No.2898/2017 (stay) This is a petition under Section 482 Cr.P.C. filed on behalf of the petitioner against the judgment dated 11.01.2017 passed by the Court of Shri Sanjay Garg, Addl. Sessions Judge, Dwarka, Delhi in Revision No.62/2015 titled Abhishek Jha vs. The State whereby the revision petition filed by the petitioner was dismissed on the ground of non-appearance of the petitioner. Learned counsel for the petitioner submits that due to unavoidable

circumstances, the petitioner could not appear before the Court below on 5th October, 2015 and the Court below proceed with issuance of process under Section 82/83 Cr.P.C. Counsel further submits that now the petitioner wants to appear before the Trial Court and to participate in the proceedings for which the petitioner may be permitted to do so. Counsel further submits that the next date fixed before the Trial Court is 28th February, 2017. Notice.

Learned APP for the State accepts notice and opposes the present petition. He submits that the petitioner deliberately did not appear before the Court below on the date fixed and he preferred the revision petition before the learned Addl. Sessions Judge and there too he did not appear.

Looking into the facts and circumstances, the petitioner is directed to appear before the Trial Court on or before 28th February, 2017 and move appropriate application before the concerned Court. In the meanwhile, in the event of his arrest, the petitioner be released on bail, on his furnishing bail bond in the sum of Rs.20,000/- with one surety of the like amount to the satisfaction of the concerned M.M.

The present petition is disposed of in the above terms. Copy of this order be given dasti, as prayed. I.S.MEHTA, J FEBRUARY 17, 2017 'dc'