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2024 Supreme(Online)(DEL) 2245

HIGH COURT OF DELHI
VIKAS MAHAJAN, J
LAKSHAY JAISWAL – Appellant
Versus
STATE (NCT OF DELHI) – Respondent


Advocates:
For the Appellants/Petitioners: Mr K. K. Manan, Ms Uditi Bali, Mr Karmanya Singh Choudhary, Mr Harshit Jain
For the Respondents: Mr Raj Kumar, APP, Mr Raghvinder Varma, Ms Asha Jyoti, Mr Sarthak Tagra, Mr Sunil K. Mittal, Mr Anshul Mittal

Table of Content
1. petition filed under section 482 crpc. (Para 1 , 2)
2. concerns about issuance of non-bailable warrants. (Para 6 , 8 , 10 , 12 , 18)
3. guidelines for issuing non-bailable warrants. (Para 20 , 21 , 22)
4. quashing illegal proceedings as abuse of process. (Para 28 , 29 , 30)
5. granting anticipatory bail under specified conditions. (Para 33 , 49)

JUDGMENT

VIKAS MAHAJAN, J.

1. The present petition has been filed under Section 482 CrPC challenging the order dated 26.04.2024 passed by the learned Metropolitan Magistrate, whereby the stay on process under Section 82 CrPC issued against the petitioner/accused vide order dated 14.02.2024, which was granted vide order dated 23.02.2024, was vacated.

2. The brief facts giving rise to the filing of the present petition are as follows:

i) FIR under Section 354(B)/506/509 IPC came to be registered against the present petitioner at the instance of the complainant on 31.01.2024 at PS Model Town.

ii) It is the case of the prosecution that a notice under Section 41A CrPC was given by the investigating officer on 03.02.2024 to the petitioner asking him to appear on 04.02.2024, which was admittedly served on the mother of the pe

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