Delhi High Court
Avishek Singh vs The State Govt Of Nct Of Delhi on 16 September, 2015
Author: Suresh Kait
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 16th September, 2015
+ CRL.M.C. No.3822/2015
AVISHEK SINGH ..... Petitioner
Represented by: Mr. M.K.Ghosh, Advocate.
Versus
THE STATE GOVT OF NCT OF DELHI ..... Respondent
Represented by: Mr. Hirein Sharma, APP for
the State with SI Jagtar
Singh, PS Janak Puri, Delhi.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
Crl. M.A.No.13596/2015 (for exemption)
Exemptions allowed, subject to all just exceptions.
Accordingly, the application is allowed.
CRL.M.C. No. 3822/2015
1. By way of this petition filed under Section 482 of the Code of
Criminal Procedure, 1973, petitioner seeks directions thereby setting aside
of the order dated 03.06.2015 passed by the learned Chief Metropolitan
Magistrate (CMM), Tis Hazari Courts, Delhi, for issuing process for
declaring the petitioner as 'Proclaimed Offender' and subsequent
publication in case arising out of FIR No.1156/2014 registered at Police
Station Janakpuri, Delhi for the offences punishable under Sections
420/34 IPC.
2. Learned counsel appearing on behalf of the petitioner submits that
the alleged offence was committed in the year 2012, however, the FIR
was registered on 24.10.2014. Thus, the FIR relates to an offence which
was committed more than 1½ years before registration of FIR in question.
On 18.06.2015, the petitioner surprised to see the proclamation in the
Newspaper 'Ananda Bazar Patrika', Kolkata Edition, declaring him as
'Proclaimed Offender' in the FIR in question.
3. Learned counsel further submits that the petitioner had no
knowledge about the aforesaid FIR, thus, he was not concealing or
apprehending himself. Moreover, the address of the petitioner mentioned
in the notice, i.e., 32/2, Madhusudan Pal Choudhury Lane, Ward No.22,
Bantra Sadar, Howrah, West Bengal, is absolutely incorrect. As the
petitioner is residing at 46/C/5 B.B.Ghosh Sarani, Kolkata, from the last
three years and had not been residing at the address mentioned in the
proclamation notice.
4. It is not in dispute that police started to contact the petitioner in the
month of March, 2015. Accordingly, police team visited Howrah on
18.03.2015, where the petitioner was not available and the police team
met his Aunt (Bua), who told that the petitioner has already shifted from
the said place leaving no whereabouts.
5. Learned Additional Public Prosecutor appearing on behalf of the
State submits that the petitioner has been absconding and has
disconnected with everyone and was living in isolation to evade the arrest
in this case. Therefore, finding no option, the police approached the
learned Trial Court. Consequently, NBWs were issued and further
proceedings under Sections 82/83 Cr.P.C. were initiated against the
petitioner.
6. Since there is a dispute qua address of the petitioner and service of
proclamation notice effected on the address, therefore, I hereby quash the
impugned order dated 03.06.2015 passed against the petitioner. The
petitioner is directed to join the investigation at 4.00 PM on 19.09.2015.
7. In view of the above, the present petition is allowed with no order
as to costs.
8. A copy of this order be given dasti to the learned counsel for the
parties.
SURESH KAIT
(JUDGE)
SEPTEMBER 16, 2015
sb
