Naushad v. State

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 164/2016 NAUSHAD ..... Petitioner Represented by:

None.

versus STATE ..... Respondent Represented by:

Mr.Satya Narain Vashisht, APP for the State with ASI Krishanpal, PS Seelampur, Delhi.

CORAM:

HON'BLE MR. JUSTICE SURESH KAIT

O R D E R

% 15.01.2016 Crl.M.A. No.652/2016 (for exemption) Exemptions allowed, subject to all just exceptions. Accordingly, the application is allowed.

CRL.M.C.164/2016 & Crl.M.A.No.653/2016 (for delay) 1.

Vide the present petition under Section 482 of the Cr P C, petitioner seeks setting aside of the order dated 13.09.2000 passed by learned Metropolitan Magistrate in case FIR No.103/1999, police station Seelampur, Delhi whereby the petitioner was declared a Proclaimed Offender.

2.

There are three accused persons in the above noted case and one of them, namely Dilshad is the real brother of the petitioner. It is not the case of the petitioner that he was not aware about the case and orders passed by learned Metropolitan Magistrate against him. 3.

The present petition has been filed after almost 15 years of the CRL.M.C. 164/2016

impugned order passed by learned Metropolitan Magistrate. Moreover, the present petition was initially filed and on being returned under objection by the Registry, it has been presented after 245 days delay with delay condonation application. It seems that petitioner is not sincere to join the judicial proceedings. 4.

In view of above facts, present petition is dismissed on delay and latches as well.

SURESH KAIT, J JANUARY 15, 2016 M CRL.M.C. 164/2016