Delhi District Court
Devender vs State Of Nct Of Delhi on 1 March, 2014
IN THE COURT OF SHRI YASHWANT KUMAR, ADDL. SESSIONS
JUDGE, N/W, ROHINI, DELHI
Criminal Revision No. 11/14
Devender
s/o Sh. Mahavir Singh
r/o village Issapur, Delhi ....Revisionist
Versus
State of NCT of Delhi ... Respondent
ORDER
1. The revisionist has filed this revision petition u/s 397/399 Cr.P.C. against the impugned order dated 20.02.2014 passed by Ms. Rekha, Ld. CMM, Rohini Courts, Delhi in case FIR no. 191/13 u/s 419/420/120B IPC, PS Crime Branch on application for recalling the order of NBW and process u/s 82 Cr.P.C. on behalf of revisionist.
2. TCR has already been summoned. I have heard Ld. Counsel for the revisionist and Ld. APP for the State/respondent and also carefully gone through the materials on record. Crl. Rev. No. 11/14; Devender Vs. State of NCT of Delhi Page No. 1 of 4
3. The revisionist has taken the grounds among others in the revision petition that the Ld. CMM has wrongly passed the order dated 20022014 where the application of recalling the order of NBW and proceedings u/s 82 Cr.P.C. was dismissed. Ld. CMM failed to appreciate that NBW and proceedings u/s 82 Cr.P.C. was initiated on the misrepresentation by respondent and it was not in the knowledge of revisionist that he is required for investigation in this case. The Proceeding u/s 82 Cr.P.C. was initiated on mechanical grounds. There is no material on record to show that revisionist was evading the arrest. If the order of Ld. CMM is not set aside, then the revisionist shall face irreparable loss and injury.
4. Ld. Counsel for revisionist, in support of his arguments, relied upon the judgements reported in the case of State through CBI Vs. Dawood Ibrahim Kaskar & Ors decided on 07051997; Inder Mohan Goswami and Anr. Vs. State of Uttaranchal and Ors. Crl. Appeal no. 1392 of 2007 (arising out of SLP (Crl.) no. 3658 of 2004) decided on 09102007, 2008 (1) ACR 586 (SC); Raghvansh Dewanchan Bhasin Vs. State of Maharashtra & Anr, Crl. Appeal no. 1758 of 2011, (arising out of SLP (Crl.) No. 5412 of 2008); Prem Cashew Industries & Ors. Vs. Zen Pareo 88 (2000) DLT 99 and Crl. Rev. No. 11/14; Devender Vs. State of NCT of Delhi Page No. 2 of 4 Yogender Pratap Singh Vs. State, Crl. R. P. No. 645/2007 date of decision 08042009.
5. In her order dated 20022014, the Ld. CMM considered and found that during the investigation, accused Ajay Kumar disclosed that he had received the answer key from Devender (revisionist herein) and had paid Rs. one lac as advance for the same. Another accused Manoj Kumar also disclosed the name of the accused/ revisionist Devender and process u/s 82 Cr.P.C. had already been issued and material evidence was yet to be collected and his custodial interrogation was required to unearth the racket behind the leakage and for recovery of the case property. The Ld. CMM, in the given facts and circumstances and entirety of the case, was not inclined to cancel the proceedings u/s 82 Cr.P.C. as well as NBWs against the accused/ revisionist and the application for recalling the order of proceedings u/s 82 Cr.P.C and cancellation of NBWs was dismissed.
6. After perusal of the materials placed on record, having gone through the judgments relied upon by the Ld. Counsel for the revisionist, in view of the facts & circumstances of the present case Crl. Rev. No. 11/14; Devender Vs. State of NCT of Delhi Page No. 3 of 4 and the impugned order dated 20022014 of the Ld. CMM, I am of the considered opinion that the present revision petition is devoid of merits and the same is dismissed. TCR along with copy of this order be sent back to Ld. Trial Court. Copy of this order be given dasti to the Ld. Counsel for revisionist. Revision file be consigned to Record Room.
(YASHWANT KUMAR) ASJ/NW03/ROHINI/DELHI ANNOUNCED IN OPEN COURT on 01032014 Crl. Rev. No. 11/14; Devender Vs. State of NCT of Delhi Page No. 4 of 4