Bhagat Singh v. Sandeep










 



     


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4/ The limited prayer for which the petitioner has come up before this Court is for setting aside the impugned order dated 30.01.2018 (Annexure P-2), vide which the petitioner has been declared proclaimed person. The additional prayer made by the petitioner is stay of the said order.

The explanation offered by learned counsel for the petitioner in Paragraph 2 of the petition for his non-appearance before the learned trial Court is bona fide. Given the nature of the order, this Court proposes to pass that no instructions are required from the complainant. The petitioner has promised to appear before the concerned Court on 07.01.2022. However, in case, the petitioner for any reasons beyond his control fails to appear on 07.01.2022, then he may positively appear on 14.01.2022.

Given such promising statement by the petitioner coupled with the Covid-19 Pandemic, the impugned order dated 30.01.2018 (Annexure P-2) is hereby set aside subject to the condition that the petitioner shall appear before the concerned Court on the dates mentioned above.

It is made clear that in case the petitioner fails to appear before the concerned Court on the dates mentioned above, then this order shall stand recalled under Section 362 of Cr.P.C. without any further reference of this Court. Petition stands allowed in above terms.

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SONIA ARORA 2022.01.06 17:26 I attest to the accuracy and integrity of this document