RAM NIWAS Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) The petitioner vide the present petition assails the impugned order dated 15.03.2019 of the Ld. Special Judge (PC Act) (CBI)-04, Central District Tis Hazari Courts, Delhi in Criminal Revision No.122/2019 vide which it was held that there was no infirmity nor illegality in the order dated 19.02.2019 of the Ld. Trial Court of the MM-04 (NI Act), Central, Tis Hazari Court, warranting any interference which order of the Ld. Trial Court was upheld, though the order dated 19.02.2019 of the Ld. Trial Court in CC No.536918/16 to the extent that it allowed the application of the petitioner herein seeking cancellation of non-bailable warrants against him subject to costs of Rs.10,000/- to be deducted by the concerned DCP/ Joint CP having administrative control over the petitioner herein in his present posting with a copy of the said order having been sent to the concerned DCP/ Joint CP with direction to deduct the said cost of Rs.10,000/- from the salary of the petitioner who had flouted the court order and the provisions of the Delhi Police Act, was modified by the Revisional Court vide the impugned order dated 15.03.2019 observing to the effect that the revisionist i.e. the petitioner herein be given a chance to deposit the cost from his own pocket instead of directing the DCP/Joint CP to deduct the same from the salary of the petitioner herein to avoid any adverse impact on his future career prospects and the petitioner herein as the revisionist before the Revisional Court was directed to deposit the costs imposed by the Ld. Trial Court within two weeks from the date 15.03.2019, failing which the DCP/ Joint CP was directed to deduct the costs from the salary of the petitioner and to deposit the same in the Ld. Trial Court. The said costs of Rs.10,000/- are indicated to have been deposited by the petitioner before the Ld. Trial Court vide receipt dated 29.03.2019 in compliance of the directions dated 15.03.2019 of the Revisional Court in CR No.122/2019.

(2.) The copies of the proceedings in CC No.536918/16 dated 27.11.2017, 23.03.2018, 01.06.2018, 30.06.2018, 29.08.2018 and 05.01.2019 and 19.02.2019 which are to the effect:-

(3.) This is so in as much as the matter having been adjourned from 23.03.2018 to 01.06.2018 as the Ld. Presiding Officer of the Ld. Trial Court was on leave, on 01.06.2018 it was submitted by the complainant that though he had approached the SHO with the copy of the order dated 27.11.2017 which was for the arrest of the accused on the pointing out of the identity by the complainant, no assistance was provided to him, as a consequence of which, a show cause notice was issued to the SHO, PS Roop Nagar to appear personally as to why action should not be recommended as well as judicial action be also not taken against him for non-compliance of the Court order, returnable for 30.06.2018.