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2017 Supreme(Del) 436

I.S.MEHTA
DEEPAK KUMAR @ DEEPAK SAHA – Appellant
Versus
STATE – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sandeep Kumar, Ms. Priya Hingorani, Mr. Akhand Pratap & Mr. Chandra Bhushan
For the Respondents: Ms. Kusum Dhalla

JUDGMENT :

I.S. MEHTA, J.

1. By virtue of present petition filed under Section 482 Cr.P.C. the petitioner seeks to quash three orders dated 07.12.2010, 04.02.2011 and 10.10.2013 passed by learned CMM, Patiala House Courts, New Delhi, by which process under Sections 82 and 83 Cr.P.C. were issued against the petitioner and he was declared to be a proclaimed offender respectively.

2. The brief facts stated are that an FIR No. 69/07 dated 08.10.2007 under Sections 384/506/34 IPC was registered at Police Station Special Cell, Lodhi Colony, New Delhi. Consequently, one Brijesh Singh and Tribhuvan Singh were arrested. The co-accused Deepak Saha and Sanjay Singh could not be arrested and Non-bailable warrants (NBWs) were issued against them. Thereafter, Head Constable Sunil Gaur and Ajay Kumar executed the process under Sections 82 and 83 Cr.P.C. against the present petitioner. The Statement of process server under Section 82 Cr.P.C. was recorded by the learned CMM and subsequently, issued process under Section 83 Cr.P.C. qua against the present petitioner vide order dated 06.04.2011.

3. Thereafter, Sub Inspector Mr. Mukesh Singh and Head Constable Sunil Gaur visited the house of the petitione












































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