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IN THE HIGH COURT OF DELHI AT NEW DELHI
RAVINDER DUDEJA, J
HITESH KUMAR – Appellant
Versus
STATE OF NCT OF DELHI – Respondent
| Table of Content |
|---|
| 1. petition seeking to set aside declaration as absconder. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. petitioner's argument against procedural compliance. (Para 7 , 8) |
| 3. state's submission on compliance with statutory requirements. (Para 9 , 10) |
| 4. court's analysis of compliance with section 82 cr. pc. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 5. court's conclusion and legal ramifications of the declaration process. (Para 20 , 21 , 22 , 23 , 24 , 25) |
| 6. petition allowed; order set aside. (Para 26) |
1. This is a petition under Section of the Code of Criminal Procedure, 1973 [“Cr. PC”] filed on behalf of the petitioner, seeking to set aside the order dated 02.08.2022, passed by learned Metropolitan Magistrate [“MM”] in case FIR No. 43/2019, registered under Section 420/467/468/471/120-B/34 of the Indian Penal Code, 1860 [“ IPC ”], whereby, the petitioner was declared an “absconder”.
FACTUAL BACKGROUND
2. The FIR in this case has been registered pursuant to the directions issued by the court of learned MM under Section 156(3) Cr. PC. As per allegations, petitioner Hitesh Kumar and co-accused Anurag Sharma were the registered owners of properties No. 1/4991 & 1/
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