Judge Chawla v. State(Govt Of NCT Of Delhi) & ANR

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2456/2017 JUDGE CHAWLA ..... Petitioner Through : Mr.Rajiv Bajaj and Mr.Shrey Chathly, Advocates.

versus STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondents Through : Mr.Mukesh Kumar, APP for the State.

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 28.06.2017 Crl.M.A.No.10147/2017 Exemption allowed, subject to all just exceptions. The application stands disposed of.

CRL.M.C. 2456/2017, Crl.M.A.10146/2017 Issue notice.

Learned Prosecutor accepts notice on behalf of the State. Issuance of notice to respondent No.2 is dispensed with. Petitioner has filed this petition stating inter alia that the NBWs were issued against him due to his non appearance before the learned Trial Court. His application to set aside the NBWs was also dismissed by the learned Magistrate vide order dated 15.05.2017 and the process under Section 82 Cr P C was issued.

It is submitted by learned counsel for petitioner that the petitioner shall positively appear before learned Trial Court and has no intention to violate the directions of the Court in any manner. Learned Prosecutor appearing on behalf of the State has no objection to the same.

Since the purport of the coercive processes are to seek presence of the accused so in the circumstances, the petitioner to appear before learned Magistrate on 06.07.2017 and further participate in such proceedings.

Consequently, the order dated 18.05.2017 passed by learned Magistrate in CC No.6311/2016 is set aside.

In view of above, the petition and pending application is disposed of.

Order dasti.

YOGESH KHANNA, J (Vacation Judge) JUNE 28, 2017 M