Delhi District Court
Akriti Man vs State And Another on 2 February, 2017
IN THE COURT OF PRAVEEN KUMAR, ADDL. SESSIONS
JUDGE (SFTC), DWARKA COURTS, NEW DELHI.
Criminal revision No. 16/2017
Akriti Man .........Petitioner
Vs.
State and another ..........Respondents
File received on assignment on : 9.1.2017
Arguments heard on : 2.2.2017
Order announced on : 2.2.2017
ORDER:
1. This is a revision petition against the order dated 23.05.2015 passed by Ld. MM, Dwarka Courts, New Delhi whereby the petitioner was declared as proclaimed offender and the order dated 24.12.2016 passed by Ld. MM whereby the application of the petitioner for recalling of the order dated 23.5.2015 was dismissed.
2. Briefly stating, the facts relevant for disposal of the present revision petition are that respondent no.2 filed a criminal complaint u/s 200 Cr.PC wherein two addresses of the petitioner were mentioned as Village Achal Pur, PO Bhawani Pur, Tehsil Garh Shankar, Hoshiarpur, Punjab and Room NO.11, Bldg. 12, Palm Grove, CHS Ltd. Mhada Colony, Patilputra Nagar, Oshiwara Link Rd. Goregaon (W), Mumbai (Maharashtra). The petitioner was never served at any point of time in the aforesaid complaint case as the petitioner was not residing at the given addresses. It is, therefore, prayed that the impugned orders passed by the trial court be set aside.
3. I have heard Sh. Vijay Dalal, Ld. Counsel for petitioner; Sh. S K Berwal, Ld. APP for State and Sh. Ravish Kumar Goel, Ld. Counsel for respondent no.2. Ld. Counsel for the petitioner has contended that the respondent no.2 deliberately furnished wrong addresses and, consequently, Crl. Revision No.16/2017 Page 1 of 4 Aakriti Maan v. State and another the petitioner could not be served with the notices/summons issued by the Court. According to him, the impugned orders are liable to be set aside. In support of his contentions, he has relied upon judgments - Prem Cashew Industries v. Zen Pareo, 88 (2000) DLT 59 and Vikas v. State of NCT of Delhi, CR No.02/2015, decided by ASJ, Dwarka Courts, New Delhi on 30.1.2015.
4. On the other hand, Ld. Counsel for respondent no.2 has contended that the present revision petition is not maintainable. According to him, there is no infirmity in the orders passed by the trial court. In support of his contentions, he has relied upon judgments - State of MP v. Pradeep Sharma, Crl. Appeal No. 2049 of 2013, decided by Apex Court on 6.12.2013; Mahesh Goomer v. State, Crl. MC No. 4288/2011, decided on 4.1.2012 by High Court of Delhi; Mehboob Khan v. State, C R No.36/15, decided by Ld. ASJ04, Rohini Courts, Delhi on 7.7.2015; Sanjev Bhati v. Col. M B Singh, CR No.107/2012, decided by Ld. ASJ02, Tis Hazari Courts, Delhi on 5.9.2012 and Rakesh Singh v. State, C R No.64/2014, decided by Ld. ASJ, Tis Hazari Courts, Delhi on 23.1.2016.
5. I have gone through the judgments cited before me. The judgments passed by the Ld. ASJ are not binding on this Court and, therefore, they have not been considered.
6. The judgment Pradeep Sharma (supra) is on the point of granting relief u/s 438 Cr.PC and, as such, the same has no bearing to the facts of the present case.
7. The judgment - Manish Goomer (supra) relates to Section 174A IPC and the said provision is not in issue before this Court. Thus, Crl. Revision No.16/2017 Page 2 of 4 Aakriti Maan v. State and another this judgment is not applicable to the facts of the present case.
8. The contention of Ld. Counsel for respondent no.2 that the present revision petition is not maintainable as the impugned orders are interlocutory in nature is without any merit. In Prem Cashew Industries (supra), revision petition was entertained against the order of Ld. MM who had rejected the application for withdrawal of nonbailable warrants against the petitioner therein.
9. I have gone through the trial court record. From the perusal of the record it is clear that petitioner could not be served as she was not residing at the addresses provided by respondent no.2. As per petitioner, she was/is residing at B501, Vaibhav Palace, CHSL, Opp. Mega Mall, Oshitwara Andheri West, Mumbai. Petitioner has placed on record photocopy of her passport issued on 14.7.2014 wherein the aforesaid address is mentioned. The petitioner was never sought to be served at this address. The orders passed by the trial court which led to the petitioner being declared proclaimed offender are reproduced herein below: "22.12.2014 On the Mumbai address of the accused report has been received that she has left the said address. Complainant has submitted that accused is staying on the said address of Mumbai and deliberately avoiding processes of the court.
At the submission of the complainant issue NBWs against the accused subject to filing of PF returnable on 13.02.2015."
"13.2.2015 NBWs against the accused received back with the Report that she is not residing at the said address. It is submitted by the complainant that she is evading her arrest and deliberately concealing himself. Accordingly, process u/s 82 Cr.PC be issued at her Mumbai address subject to filing of PF returnable on 25.4.2015."Crl. Revision No.16/2017 Page 3 of 4
Aakriti Maan v. State and another
10. On 23.5.2015 the petitioner was declared Proclaimed Offender. It is on the respondent no.2's insistence that the petitioner was residing at the Mumbai address as given in the complaint and that she was deliberately avoiding process of the court which led to the petitioner being declared proclaimed offender. In the facts and circumstances of this case, once the petitioner had appeared through her counsel, trial court should have recalled/dropped proceedings u/s 82 Cr.PC. The very fact that the petitioner had approached the trial court seeking dropping of proceedings u/s 82 Cr.PC shows that she intended to submit before the law. The non appearance of the petitioner in person before the trial court was no ground to dismiss the application as our High Court of Delhi in judgment - Prem Cashew Industries (supra) has held that an application can be filed through counsel seeking cancellation of NBW and the same can be considered by the trial court without insisting for the personal appearance of the petitioner/accused.
11. Considering the facts and circumstances of this case, I am of the opinion that impugned orders passed by the trial court are liable to be set aside. These are accordingly set aside. Parties are directed to appear before Ld. Trial Court on 13.2.2017. Ld. Trial Court shall proceed further in the matter in accordance with law. Trial Court record be sent back with a copy of the order and revision file be consigned to Record Room.
Announced in open (Praveen Kumar) court today i.e on 2.2.2017. Addl. Sessions Judge (SFTC) Dwarka Courts, Delhi.
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