Order 13

Order Details: COPY OF ORDER
Pdf Text: SC No. 162/2023
State Vs. Ansar
FIR No. 271/2023
PS: Dayalpur
20.4.2024
Present: Sh. F. M. Ansari, Ld. Addl. PP for the State.
Accused produced in JC.
Sh. Sarfraj Asif, Ld. Counsel for the accused.
Sh. Pankaj Sharma, Ld. Proxy counsel for the
complainant.
The matter is fixed for evidence of the prosecution.
Witness Allah Noor Khan was called upon through
the warrants of arrest. Warrants of arrest issued against this
witness Allah Noor Khan is received back with report that he was
not available at home, whereas, B/W issued against witness
Sameer Malik is received back with report, unexecuted. The
notice issued to witness Ruksar is received back with report,
unserved that she did not meet to the process server and
intimation to her father Allah Noor Khan is given, but today,
none of these witnesses has appeared. Only MHC(M) HC
Pardeep and IO/Insp. Karamveer Singh have appeared.
Sh. Pankaj Sharma, Ld. Proxy counsel for the
complainant has filed an application on behalf of the witness
Sameer for seeking exemption from personal appearance and
submitted that his father is admitted in the hospital, but, no
document has been placed on record to show that his father is
admitted in the hospital.
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Ld. Counsel for the accused has submitted that these
witnesses are deliberately delaying the proceedings, as, accused
are behind bars for a considerable period. So, the application
moved by the proxy counsel for the complainant for seeking
exemption from personal appearance is hereby dismissed.
Witness Sameer Malik is called upon for the
next date of hearing through the B/W in the sum of
Rs.5000/- and fresh warrants of arrest are ordered to be
issued against witness Allah Noor Khan. Same are ordered
to be executed through the DCP concerned, as, accused is
behind bars for a considerable period.
Accordingly, the matter is ordered to be listed on
28.5.2024, for evidence of the prosecution. IO and MHC(M) are
called upon for the next date of hearing.
(PAWAN KUMAR MATTO)
Addl. Sessions Judge (Special Judge NDPS)
North East/KKD Courts/Delhi/20.4.2024
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