Order 10

Order Details: COPY OF ORDER
Pdf Text: 20 CC NI ACT 7035/2023 RAMESH CHANDER GUPTA Vs. AAMIN
ALI /0 ()
05.06.2026
There is pendency of more than 39,000 cases in the present court, therefore, it is not possible to give
shorter date in the cases.
Present : Mr. Arun Kumar Verma, Ld. Counsel for complainant
through VC.
Matter is listed for report on NBW.
Report received back unexecuted with the comment, none found at the
said address. Furthermore, none of the mobile numbers of the accused
are reachable.
However, record reveals that accused has already entered appearance
in court and is intentionally evading service.
None has appeared on behalf of accused despite
repeated calls.
The court is cognizant of the fact that personal
liberty is paramount as enunciated in Articles 21 and 22 (1) of the
Constitution of India. The court is constrained to issue process
u/s 84 BNSS (erstwhile Section 82 Cr.P.C) as issuance of
summons and consequently, Bws and NBWs have not assisted
this court in securing the presence of the accused voluntarily as
was noted in the judgment of the Hon’ble Supreme Court in
Inder Mohan Goswami and Anr. Vs.State of Uttranchal and Ors1.
Accordingly, issue process u/s 84 BNSS (erstwhile Section 82
Cr.P.C.) against the accused to be executed through SHO
concerned returnable to this court on 21.09.2026 on both the
address of the accused only after filing of PF within 4 weeks.
(Anjali Singh)
JMFC (NI Act) – 03/PHC/ND/05.06.2026
1 (2007) 12 SCC 1
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