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High Court of DelhiCRL.M.C./1006/2018

Tanuj Goel v. State & ORS

2018-08-21Hon'Ble Mr. Justice R.K.Gauba2 pages

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1006/2018 & CRL.M.A. 3650/2018 TANUJ GOEL ..... Petitioner Through:

Mr. Shiv Charan Garg with Mr. Imran Khan, Advocates.

versus STATE & ORS ..... Respondents Through:

Mr. Ravi Nayak, APP for State with ASI Ram Lakhan, P.S. Roop Nagar.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 21.08.2018 On account of non-appearance of the petitioner (the accused) in complaint case no. 1169/2017, his application for exemption from personal appearance having been declined, the trial court (court of sessions) by order dated 09.02.2018 issued non-bailable warrants against him with notice to his surety under Section 446 Cr.P.C. The present petition is filed under Section 482 Cr.P.C challenging the said order. By order dated 26.02.2018, coercive action against him was stayed till 23.04.2018 subject to he putting in appearance before the trial court on 19.03.2018. The counsel for the petitioner submits that the order was duly complied with, the case now being listed in the trial court on 24th September, 2018. In the given facts and circumstances, the duress process issued by the trial court by order dated 09.02.2108 is cancelled, this, however, with a CRL.M.C. 1006/2018

caution that the petitioner must scrupulously appear hereafter before the trial court, not have the indulgence of absenting or going abroad, as was done earlier, without prior permission of the trial court. The petition is disposed of with these directions. R.K.GAUBA, J AUGUST 21, 2018 srb CRL.M.C. 1006/2018