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Delhi District Court

Sh. Mohit Wadhwa vs The State on 3 July, 2012

IN THE COURT OF SH. VIRENDER BHAT, A.S.J., DWARKA
COURTS, NEW DELHI.

CR No. 179/12.
Unique Case ID No.02405R0101572012.

Sh. Mohit Wadhwa,
S/o Sh. Navin Wadhwa,
R/o 10/19, IIIrd Floor,
East Patel Nagar,
New Delhi.                             ...........        Petitioner.

      Vs.

The State.                             ...........   Respondent.

Date of Institution : 23.5.2012.

U/s.397 Cr.PC.
Date of reserving judgment/Order : 03.7.2012.
Date of pronouncement : 03.7.2012.

03.7.2012
Present :     Sh. K.S. Sehrawat, Advocate for the petitioner.
              Sh. Aditya Kumar, Ld. APP for State i.e. respondent.
              TCR has been received.
              Arguments heard on the revision petition.

ORDER

1. The revision petition is directed against the order dated 17.5.2012 of the Ld. M.M. whereby NBWs were issued against the petitioner as he was not present before the court on that day. Prayer is made to cancel the NBWs issued against the petitioner.

2. Perusal of the order dated 17.5.2012 of the Ld. M.M. reveals that the application for exemption from personal appearance of the petitioner was moved before the Ld. M.M. Stating that the petitioner is unwell. However, the Ld. M.M. declined to grant exemption to the petitioner for the reason that the application was not supported by any medical record. Accordingly, NBWs were issued against the petitioner.

3. Ld. Counsel for the petitioner submitted that the absence of the petitioner before the Trial Court on 17.5.2012 was neither intentional nor deliberate but genuinely on account of illness of the petitioner. Photocopy of the medical certificate dated 11.5.2012 issued by Dr. L.K. Upaal of M/s. Uppal Medical Centre has been annexed alongwith revision petition, which shows that the petitioner had been advised rest from 11.5.12 till 30.5.2012.

4. I also feel not inclined to accept the aforesaid medical certificate. It shows that the petitioner had approached the doctor on 11.5.2012 and he was diagnosed to be suffering from enteric fever. I fail to understand how the doctor advised bed rest to the petitioner in one go for about 20 days i.e. till 30.5.2012. The prescription given to the petitioner and the tests if any, prescribed to him have nowhere been mentioned. It seems that the medical certificate is a procured document and far from being genuine. Even otherwise also, the same could have been easily filed before the Trial Court on 17.5.2012, if it was in fact, issued by the doctor on 11.5.2012.

5. Though I do not find any perversity in the impugned order of the Trial Court yet I am of the opinion that the demands of justice would be met if the NBWs issued against the petitioner are cancelled subject to heavy cost.

6. Therefore, the revision petition is allowed and the NBWs issued against the petitioner are hereby cancelled subject to cost of Rs.10,000/-. The impugned order stands set aside subject to aforesaid condition as to costs.

7. Petitioner shall appear before the Trial Court on the date already fixed i.e. 09.7.2012 and the Trial Court shall proceed with the case as per law.

8. Revision file be consigned to Record Room. Trial Court record be sent back alongwith copy of the order.

Announced in open                       (VIRENDER BHAT)
Court on 03.7.2012.                    A.S.J. :Dwarka Courts
                                            New Delhi.




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