Delhi District Court
Rajender Pal Singh vs State Through Pp on 2 September, 2011
IN THE COURT OF SHRI R.K. GAUBA: DISTRICT JUDGE
& ADDITIONAL SESSIONS JUDGE I/C, SOUTH DISTRICT:
SAKET NEW DELHI
Criminal Revision No. 212/2011
ID No.: 02406R0211502011
Rajender Pal Singh
s/o Sh. Sampuran Singh,
R/o C1/5, 3rd Floor,
Janakpuri, New Delhi 110058 ... Revisionist
Versus
State through PP ... Respondent
Instituted on: 19.08.2011
Judgment reserved on: 02.09.2011
Judgment pronounced on: 02.09.2011
J U D G M E N T
1. This criminal revision petition is directed against order dated 01.08.2011 passed by Sh. Gaurav Rao, Metropolitan Magistrate South in criminal complaint case No. 48/2 of 2000 on the basis of charge sheet submitted on conclusion of investigation into FIR no. 269/99 under Section 279/338 IPC of police station Defence Colony Crl. Rev. No. 212/11 Rajender Pal Singh Vs. State 1 of 4 whereby nonbailable warrants was issued against the revisionist.
2. The revision petition has been resisted by the State through oral submissions.
3. I have heard Sh. Yashpal Sharma, advocate for the revisionist and Ms. Anita Hooda, Chief Public Prosecutor for the State. I have gone through the record.
4. The trial court record shows that the revisionist is facing trial for offences under Section 279/337/338 IPC on the basis of notice under Section 251 Cr.P.C. issued on 17.10.2003. In the course of trial, till date, only one witness has been examined. The case was earlier being tried in the court of Metropolitan Magistrate, then sitting at Patiala House Court Complex. The criminal courts of South and SouthEast police district shifted to Saket Court Complex with effect from 28.08.2010. The last proceedings recorded at Patiala House Court Complex in this case related to 20.08.2010. The order sheet would indicate the revisionist was present on that date and the learned Magistrate then seized of the matter directed the case to be put up for prosecution evidence at court no. 4, Saket on 01.08.2011.
5. It appears that before the next date, i.e. 01.08.2011, the matter came to be referred for prelok adalat hearing and, for this purpose, Crl. Rev. No. 212/11 Rajender Pal Singh Vs. State 2 of 4 summons had to be issued to the revisionist for 20.10.2010 by the learned Magistrate at Saket. The process returned unserved with the report that the revisionist had given up residence at the address earlier indicted. The matter, thus, could not be taken up for settlement and was directed to be listed on 01.08.2011, as already fixed.
6. On 01.08.2011, the revisionist was not present. On his behalf, an application for exemption was moved by Sh. Yashpal Sharma, advocate. Learned Magistrate was not satisfied and thus dismissed the application and issued nonbailable warrants with notice to the surety for 15.11.2011.
7. The counsel for the revisionist now submits that he may be given an opportunity to appear before the learned Magistrate to explain the default in appearance on 01.08.2011 and also explain the failure to report the change of address earlier. He submits that he may be given interim protection till he appears before the Magistrate.
8. In these circumstances, execution of nonbailable warrant is suspended for a period of seven days from today , during which the revisionist shall appear in person with counsel before the learned Magistrate with appropriate application indicating his explanations as aforesaid for seeking appropriate relief. Crl. Rev. No. 212/11 Rajender Pal Singh Vs. State 3 of 4
9. The revisionist does not press for any further relief at this stage. The revision petition is disposed of with above directions.
10.A copy of this order be given dasti to the petitioner.
11.The trial court record along with copy of this judgment be sent back.
12.The file of criminal revision petition be consigned to Record Room. Announced in open Court today on this 02nd day of September, 2011 (R.K. GAUBA) District Judge & Additional Sessions Judge, I/C, South District Saket, New Delhi Crl. Rev. No. 212/11 Rajender Pal Singh Vs. State 4 of 4