Petition sought quashing of Section 82 CrPC proclamation orders and NBWs in an FIR under Sections 406/420/120B IPC. Complainant and State pointed out the chargesheet stood filed and the impugned orders had lost efficacy; petitioner withdrew the petition to seek remedy before the trial court.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
SAJJAN SINGH BENIWAL .....Petitioner Through: Mr. Naresh Kaushik, Sr. Adv. with Mr. Vardhman Kaushik, Mr. Mayank Sharma, Mr. Nishant Gautam and Mr. Dhruv Joshi, Advs. versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Aman Usman, APP for State with SI Mukesh Chauhan PS EOW Mandir Marg Mr. Sunil Dalal, Sr. Adv. with Mr. Devesh Bhatia, Mr. Gandharv Anand and Mr. Nikhil Beniwal, Advs. for complainant
CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN
O R D E R % 10.02.2025
“a) Quash the orders dated 17.08.2020 and 16.10.2020 whereby proclamation under section 82 of the CrPC was issued against the petitioner along with NBWs in relation to FIR dated 04.04.2019 bearing no. 59 of 2019, PS EOW under sections 406/420/120B of the Indian Penal Code”
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 09:44:25
the petitioner submits that vide impugned order dated 17.08.2020 the learned CMM had issued non-bailable warrants against the present petitioner. Subsequently, vide order dated 16.10.2020 direction was given by the learned CMM to issue process under Section 82 CrPC for all the four accused including the present petitioner for 18.12.2020.
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 09:44:25
withdraw the present petition to approach the learned Trial Court to seek appropriate remedy.
VIKAS MAHAJAN, J
FEBRUARY 10, 2025 N.S. ASWAL
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 09:44:25
1 issue framed by the court
Whether orders dated 17.08.2020 and 16.10.2020 issuing proclamation under Section 82 CrPC against the petitioner should be quashed?
2 provisions across 2 enactments
Sajjan Singh Beniwal
State of NCT of Delhi
Vikas Mahajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
