Ashok Goel v. State & Ors.
Case brief
What is this about?
High Court Delhi allowed special bail petition under Section 482 CrPC. Set aside lower court orders imposing delay due to wife's death. Granted petitioner one opportunity to examine five witnesses without adjournment, subject to heavy costs.
What did the court decide?
Impugned orders set aside with costs of Rs.50,000 payable to Respondent No.2. Petitioner granted one opportunity to examine witnesses.
What the court decided
$~25
- IN THE HIGH COURT OF DELHI AT NEW DELHI
- CRL.M.C. 702/2019 & & CRL.M.A. 2877/2019 ASHOK GOEL ..... Petitioner Through: Mr. N.K. Handa, Advocate
versus STATE & ORS. ..... Respondents Through: Mr. Kamal Kumar Ghai, APP Mr. Nishit Khush & Ms. Asma, Advocates for respondent No.2
CORAM: HON'BLE MR. JUSTICE CHANDER SHEKHAR
O R D E R % 12.02.2019
- The petitioner has filed the petition under Section 482 of the Code of Criminal Procedure, 1973, impugning the order dated 3.12.2018 passed by the learned Metropolitan Magistrate, Tis Hazari Courts, Delhi and the order dated 21.12.2018 passed by the Special Judge (PC Act), Tis Hazari Courts, Delhi. A prayer has been made to set aside the said impugned orders.
- Learned counsel for the petitioner submitted that due to the death of his wife, he could not take proper steps in the matter before the Trial Court, hence, a lenient view may be taken. Learned counsel for the petitioner further submitted that he shall produce all the five witnesses on his own responsibility before the Trial Court and for that purpose, he may be given only one opportunity to examine all the five witnesses and he
shall not seek any adjournment. In case, the Trial Court is not able to record the evidence of all the five witnesses on the same day, it would be the discretion of the Trial Court to give a date. Learned counsel for the petitioner further submitted that he is ready to bear the costs.
Issues for consideration
1 issue framed by the court
Whether to set aside impugned orders of Metropolitan Magistrate and Special Judge in a cheating case and grant the petitioner one opportunity to examine five witnesses.
Parties & counsel
- petitioner
Ashok Goel
- respondent
State
Coram
Chander Shekhar
Case details
As recorded by the court registry
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