DEEPAK KUMAR @ DEEPAK SAHA Vs. STATE

JUDGEMENT

(1.) VIDE the instant petition, the petitioner has sought to quash the order dated 12.10.2010, passed by Addl. Sessions Judge, Tis Hazari Courts, Delhi in Crl. Rev. No. 69/2010, PS -Special Cell. Mr. Nagendra Rai, Sr. Adv. appearing on behalf of the petitioner has raised legal issue that the Revisional Court neither issue any notice nor right of hearing was given to the petitioner. Therefore, the impugned order passed by the Revisional Court is bad in law.

(2.) THE facts in brief of the case are that a case was registered against the petitioner vide FIR no. 69/2007 under Section 384/506/34 Indian Penal Code at PS -Special Cell, Delhi. Chargesheet and thereafter supplementary charge sheet have already been filed against co -accused Brijesh Kumar and Tribhuvan, however no charge sheet has been filed against the petitioner as he is absconding.

(3.) VIDE order dated 07.07.2010, the Investigating Officer moved an application for issuance of NBW against the petitioner. Same has been dismissed by the ld. ACMM -01, Delhi, on the ground that in the course of proceedings cognizance was taken by the court on 17.08.2008 and Production Warrants were ordered to be issued against co -accused Brijesh Singh.