Back
TALWANT SINGH
Rajpal – Appellant
Versus
State NCT of Delhi – Respondent
JUDGMENT
Talwant Singh, J. The petitioner has filed the present petition under Section 482 Cr.P.C. for setting aside the order dated 03.12.2021 passed by the learned District and Session Judge, Dwarka dismissing the Criminal Revision No. 134/2021, which was filed by the present petitioner.
1.1. In the said petition before learned District and Sessions Judge, the present petitioner had challenged the order dated 04.09.2021, 09.09.2021, 14.09.2021 and 20.09.2021 passed by the learned MM, Dwarka in case FIR No. 311/2021, PS Baba Haridas Nagar, Dwarka under Section 760/328/307/420/506/34 IPC. By first three orders, the Trial Court had ordered issuance of warrants against the petitioner to procure his presence before it and vide order dated 20.09.2021, proceedings under Section 82 Cr.P.C. were commenced. The learned District & Sessions Judge vide order dated 03.12.2021 has dismissed the revision petition No. 134/2021 and the above orders passed by the learned MM were upheld.
1.2. The case of the prosecution in brief is that as per the prosecutrix on 02.04.2021, she was called by the main accused in this case Mr. Sunil Kumar, in his clinic for giving her payment. When she arrived there, s
The severity of the crime and specific allegations against the accused influenced the court's decision to issue warrants at the first instance.
(1) In bailable offence, right of accused to get bail is absolute and indefeasible right and courts have no discretion in granting bail.(2) Criminal Courts should consider bail applications particula....
The competence of the Magistrate to issue warrants of arrest and the importance of securing the presence of the accused for interrogation during the course of investigation.
Repeated non-appearance of the accused, failure to obtain bail, and the legal provisions related to issuance of Non-Bailable Warrants were crucial in justifying the NBWs.
Point of Law : Delay in lodging the FIR, final report being filed by an officer who was not in-charge of the Police Station; act of the learned Magistrate in taking cognizance of the offence which be....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
