Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: Vehicle No. HR 26AY7713
Challan No. DL 17938190715150558
Circle CHP
30.01.2023
Present : Sh. Ajay Kumar Aggarwal, Ld. APP for the State.
Accused in person.
It has been submitted by the accused that he does not want any
advocate to present his case before the court and that he himself is an advocate.
The accused was convicted in the present challan/matter by the Ld.
Predecessor of this court vide order dated 20.08.2019. The accused had
challenged the aforesaid order of conviction by way of revision petition before
the Ld. District & Sessions Judge, New Delhi District and later on, by way of
petition under Article 227 of the Constitution of India before the Hon'ble High
Court of Delhi.
The aforesaid petition of the accused was allowed, the conviction
order was set aside and the present challan was sent back to this court vide order
dated 01.06.2022 with a direction for the accused to appear before this court and
to face the trial as per law.
A direction was also given to this court to refund the fine amount
deposited by the accused subject to production of the final receipt.
Therefore, the present challan is pending disposal before this court
since 05.07.2022 after setting aside of previous conviction order. Multiple dates
of hearing have already passed since then, however, no substantial proceedings
could be conducted either due to the non appearance of the accused or for the
adjournments sought by him.
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Since order dated 20.08.2019 as to conviction of the accused on his
plea of guilt was set aside by the Hon'ble High Court of Delhi, the implication is
that the accused seeks to contest the present matter.
The copies of documents have admittedly already been supplied to
him.
The accused submits that he does not seek to contest the present
matter nor would he plead guilty. The accused has outrightly denied to adopt
either of these options. On this, the court asked as to how the matter would be
disposed of then, the accused replied that the present challan/matter be
dismissed. No reasonable explanation has been given as to how and under which
provision the present challan could be dismissed in such a manner.
In this manner, the accused has also made a non compliance of the
order dated 01.06.2022 passed by the Hon'ble High Court of Delhi, as per which
he was specifically directed to appear before this court and "to face the trial as
per law....".
Let the matter be now fixed for framing of notice against the
accused and it is being made clear that coercive action shall be taken in case
adjournment is sought by the accused on the NDOH or if the accused would try
to delay the proceedings in the present matter any further.
Put up for framing of notice on 15.03.2023.
(Tarunpreet Kaur)
MM-05/PHC/ND/30.01.2023
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