Delhi High Court - Orders
Shri Vishal Tanwar And Anr vs State Of Nct Of Delhi on 4 May, 2023
Author: Yogesh Khanna
Bench: Yogesh Khanna
$~62
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3174/2023 and Crl MA Nos.11917-18/2023
SHRI VISHAL TANWAR AND ANR.
..... Petitioners
Through: Ms.Richa Kapoor, Mr.Kunal Anand,
Mr.Sushain Sobti, and Ms.Eesha
Sharma, Advocates.
versus
STATE OF NCT OF DELHI
..... Respondent
Through: Mr.Mukesh Kumar, APP for State.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 04.05.2023
1. This petition is filed with the following prayer:-
Pass an Order setting aside/ quashing the impugned order dated 23.12.2022 passed by Ld. C.M.M., Karkardooma Court (East) District to issue NBW against the Petitioners, in FIR No.825/2022 u/s 307/ 325/341/34 IPC registered at Police Station Kalyanpuri, and impugned orders dated 13.2.2023 and 21.4.2023 initiating proceedings under Sections 82/83 Cr. PC and consequential proceedings thereto.
2. The learned counsel for petitioners submit this cross FIR was registered against the petitioners under Section 307/341/351/34 IPC on 21.12.2022 at the same police station just two days after the FIR No.823/2022 dated 20.12.2022 under Section 307/34IPC read with Section 25/27 Arms Act was registered at the instance of petitioners. Admittedly, there is one more accused in FIR No.823/2022, but no steps have been taken for issuance of NBWs against co-accused in said FIR, though present FIR against petitioners was registered on 21.12.2022, but on 23.12.2022, i.e. Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:09.05.2023 14:56 only after two days, NBWs were got issued against the petitioners at the instance of the Investigating Officer without disclosing as to what steps he had taken to call the petitioners to join the investigation. Rather, on 13.02.2023, an application was moved by the Investigating Officer for issuance of process under Section 82 Cr P C against petitioners herein which application was kept pending for 12.04.2023 when the learned Court was on leave and then the complainant of this present FIR moved an application for recording of the statement of the Investigating Officer for execution of process under Section 82/83 Cr PC, and it was recorded on 21.04.2023. As the anticipatory bail applications were pending before this Court, hence, learned Magistrate did not pass any order declaring the petitioners as absconders.
3. It is informed the bail applications filed by petitioners No.1 & 2 on 13.04.2023 and 21.04.2023 respectively are pending before the Bench of HMJ Jasmeet Singh for 10.05.2023. It is requested this petition be also listed before the said Bench.
4. In view of above request, subject to orders of Hon'ble The Chief Justice, list along with connected bail applications for directions before the Bench of HMJ Jasmeet Singh on 10.05.2023.
5. Since the anticipatory bail applications of petitioners are pending, the order dated 21.04.2023 be kept in abeyance till the disposal of this petition. Order dasti.
YOGESH KHANNA, J.
MAY 04, 2023 M Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:09.05.2023 14:56