Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Rajesh Goyal Vs. State of NCT of Delhi & Ors.
CR no.412/23
26.09.2023
Fresh criminal revision petition received by way of
assignment. It be checked and registered.
Present: Sh. Ashok Chhaparia with Sh. Rajiv Tehlan and Sh.
Sarabjeet Singh, Advocates, for the petitioner.
Sh.Vineet Dahiya, Ld. Addl. Public Prosecutor for
the State/R-1
None for R2.
The petitioner herein is accused in case FIR
no.134/18 U/s420/406/120B/34 IPC PS Subhash Palace.
Apparently, it was projected by the Investigating agency before
the Ld. Trial Court that revisionist herein was not joining the
investigation and was concealing himself to evade the process of
law. Ld. Trial Court accordingly proceeded to issue NBWs and
thereafter, process U/s 82 Cr.P.C.
Before the revisionist could be declared an
absconder/ proclaimed offender, he approached Ld. Trial Court
with an application seeking cancellation of proceedings U/s 82
Cr.P.C. issued against him. The said application was taken up for
hearing by Ld. Trial Court on 20.09.2023. After hearing the
submissions from IO, both the accused including the revisionist
were declared absconder vide order passed on even date. The
applications moved for cancellation of proceedings U/s 82
Cr.P.C. were dismissed. The said order is subject matter of
challenge in this revision petition.
During preliminary arguments, Ld. counsel for the
revisionist has submitted that matter has been settled between the
parties in the year 2019 itself. The revisionist had also made the
payment as per the agreed schedule and the EMIS were also
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(2) Rajesh Goyal Vs. State of NCT of Delhi
regularized. ld. Counsel has further submitted that on basis of
settlement, a quashing petition was also filed by the revisionist
before Hon'ble Delhi High Court on 14.09.2023. Notice in the
said quashing petition has also been issued. Further submitted
that the revisionist herein was neither served with any notice nor
he was aware about coercive steps taken against him by Ld. Trial
Court. When he came to know about the process U/s 82 Cr.P.C. ,
he moved an application seeking cancellation of those
proceedings but his application was dismissed without even
considering his submissions.
Ld. Counsel has also submitted that the revisionist
had put his appearance (through VC) before Ld. Trial Court prior
to the order of declaring him absconder U/s 82 Cr.P.C. Therefore,
Ld. Trial Court was not justified in declaring the revisionist
herein as an absconder.
Submissions heard. Record has been perused.
Let notice of petition be issued to respondent no.2
and IO of case FIR no. 134/2018 PS Subhash Palace.
( Complainant may join through VC). TCR be also called.
IO shall appear alongwith the complete case file.
Matter be re-notified for 27.09.2023 at 2 p.m..
BABRU BHAN
ADDL.SESSIONS JUDGE-03,
NORTH WEST DISTT,
ROHINI COURTS
DELHI/ 26.09.2023
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