Delhi High Court - Orders
Basiran vs State Of Nct Of Delhi on 8 September, 2022
Author: Sudhir Kumar Jain
Bench: Sudhir Kumar Jain
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2825/2022 & CRL.M.A. 11682/2022
BASIRAN ..... Petitioner
Through: Mr. Rajesh Pandey, Advocate
versus
STATE OF NCT OF DELHI ..... Respondent
Through: Mr. Hitesh Vali, Additional P.P. with
Inspector Suresh Chand Chaudhary,
P.S. Sangam Vihar, Delhi
CORAM:
HON'BLE MR. JUSTICE SUDHIR KUMAR JAIN
ORDER
% 08.09.2022
1. The present petition is filed under Section 482 Cr.P.C. for setting aside/quashing the order dated 25.05.2018 whereby the petitioner was declared Proclaimed Offender and order dated 05.06.2018, whereby the proceedings under Section 83 Cr.P.C. was issued and these orders were passed by the Court of Metropolitan Magistrate, Saket Courts, New Delhi in FIR bearing No.497/2018.
2. The petitioner is implicated as one of the accused in FIR bearing No.497/2018 dated 05.09.2018 registered under Section 302/201 IPC at P.S. Sangam Vihar, Delhi. After investigation, the charge-sheet was filed under Section 302/201/120-B/174-A/34 IPC.
3. The petitioner Basiran was declared as Proclaimed Offender (P.O.) vide order dated 25.05.2018 and fresh process under Section 83 Cr.P.C. was ordered to be issued against the petitioner Basiran for 05.06.2018.
4. During the execution of process under Section 83 Cr.P.C., it was Signature Not Verified Digitally Signed By:JITENDRA Signing Date:13.09.2022 17:54:07 found that the property bearing No.120/1678, Sangam Vihar, New Delhi belonged to the petitioner Basiran and thereafter vide order dated 05.06.2018, the directions were issued to the concerned SHO, P.S. Sangam Vihar to attach the said property by taking the possession within 10 days from the date of order. The investigating Officer/Inspector Suresh stated that the said property is still under attachment.
6. The counsel for the petitioner stated that the petitioner Basiran was admitted to bail vide order dated 09.02.2022, passed by the Court of Sh. Anil Kumar, Additional Sessions Judge-03(South), Saket Courts, New Delhi and counsel for the petitioner, in these circumstances, argued that the petitioner Basiran has already been admitted to bail and as such the attachment proceedings in respect of the property bearing No.120/1678, Sangam Vihar, New Delhi be withdrawn.
7. The petitioner surrendered before the concerned Trial Court after admitted to bail vide order dated 09.02.2022, as mentioned herein above. After considering all the facts, the proceedings under Section 82/83 Cr.P.C., conducted against the petitioner, are ordered to be set aside and the property bearing No.120/1678, Sangam Vihar, New Delhi, is ordered to be de- attached immediately. However, the petitioner is directed not to commit default in appearing before the Trial Court.
8. Accordingly, the petition alongwith pending application, if any, stands disposed of.
SUDHIR KUMAR JAIN, J SEPTEMBER 8, 2022 MR/KG Signature Not Verified Digitally Signed By:JITENDRA Signing Date:13.09.2022 17:54:07