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2017 Supreme(Del) 1142

MUKTA GUPTA
KAILASH AGARWAL – Appellant
Versus
STATE OF NCT OF DELHI – Respondent


Advocates Appeared:
For the Petitioner: Mr. Tanveer A. Mir, Mr. Pranay Sohini, Advs.
For the Respondents: Mr. Hirein Sharma, APP with SI Aditya PS Rajouri Garden, Mr. Sudhir Nandrajog, Sr. Adv. with Mr. Baban Kr. Sharma, Mr. Neeraj Grover, Advs.

JUDGMENT :

MUKTA GUPTA, J.

1. By the common impugned order dated 21st February, 2017 the two petitioners were declared proclaimed offenders in case FIR No.600/2016 registered under Sections 379/420/468/471/120B IPC at PS Rajouri Garden wherein Sections 467 and 406 IPC were subsequently added. Above-noted FIR was registered on the complaint of one Madhu Sudan Agarwal S/o Mool Chand Agarwal, Director of Haldiram Snacks Pvt. Ltd. pursuant to an order dated 8th June, 2016 under Section 156 (3) Cr.P.C. passed by the learned Metropolitan Magistrate Shri Ajay Kumar Malik, Tis Hazari Courts. The allegations in the FIR are not relevant to the decision of the present case.

2. Despite the FIR having been registered on 9th June, 2016 no notice was served on petitioner Kailash Agarwal till 20th December, 2016 when the first notice under Section 41(1)/41A Cr.P.C. was served on him to join investigation on 20th December, 2016 whereafter he filed an application for grant of anticipatory bail before the learned Additional Sessions Judge, Tis Hazari which was dismissed vide order dated 26th December, 2016. Subsequent thereto Kailash Agarwal filed an application seeking anticipatory bail before this Cou































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