SANJEEV KUMAR SINGH v. STATE ( GOVT OF NCT OF DELHI) & ORS
CRL.M.C./6353/2018 · 2025-02-14
Neena Bansal Krishna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35362 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35362 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6353/2018
SANJEEV KUMAR SINGH .....Petitioner
Through: Ms. Deepika Garg, Advocate.
versus
STATE ( GOVT OF NCT OF DELHI) & ORS .....Respondent Through: Mr. Yudhvir Singh Chauhan, Ld. APP for the State.
Mr. Gaurav Arora, Advocate for R-2.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
O R D E R %
23.04.2025
1. A Petition under Section 482 Cr.P.C has been filed on behalf of the Petitioner to challenge the Order dated 25.08.2018 whereby the learned ASJ has upheld the Order of learned M.M dated 11.07.2018 dismissing the Application of the Petitioner for cancellation of proceedings under Section 82 Cr.P.C.
2.
Submissions heard and record perused. 3. The relevant part of the Order reads as under:
“Present: Sh. Nishant Kumar Ld. Substitute APP for State. Ld. Counsel for the accused. IO ASI Surender Malik in person. It is 4:25 p.m. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/04/2025 at 17:20:34
An application for cancellation of proceedings U/s 82 Cr.P.C. was made by the Ld. Counsel for the accused. Yesterday accused did riot appeared and at the request of the counsel application was fixed for today at 2:00 p.m.
At 2:00 p.m Ld. Counsel informed that accused will be in court |n another 15 minutes as he is in traffic jam. At 3:00 p.m Ld. Counsel informed that accused is in court but is not ready to come inside as he fear that he may be arrested. It is submitted by the 10 that accused is not joining the investigation and no effective investigation could be done for last 1 year and NBWs were taken on 30 May, 2018. Accused was not available at his residence despite several visits and proceedings U/s 82 Cr.P.C. were issued against the accused on 02.07.2018. Next court date for appearance of accused is 02.08.2018. Accused has moved anticipatory bail, however, same has been rejected. Accused is not surrendering in the court and is not traceable despite efforts. Heard. Today also accused is not appearing despite the fact that Ld. Counsel keep apprising the court that accused is waiting outside and will only appear in the court if he is released on bail today itself. Conduct of the accused shows that he is not inclined to join the investigation and is evading arrest. Further, he is abusing the process of the law by moving frivolous application. In light of these circumstances present application stands dismissed with the cost of Rs. 10,000/- to be deposited in DLSA. Copy of order be given dasti to the IO and Ld. Counsel for the accused. IO is at the liberty to arrest the accused." This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 25/04/2025 at 17:20:34
4. The learned M.M has given valid reasons why it was not got expedient to cancel the proceedings under Section 82 Cr.P.C. In the light of the conduct of the Petitioner, who insisted on not appearing, till he was granted Bail, there is no infirmity in the Order of learned M.M.
5. The Petition stands dismissed. NEENA BANSAL KRISHNA, J APRIL 23, 2025/va
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/04/2025 at 17:20:34