JOGINDER SINGH LATHER Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The petitioner, vide the present petition seeks the setting aside of the entire proceedings emanating out of FIR No.59/2019, PS EOW under Ss. 406/420/120B of the Indian Penal Code, 1860 qua the petitioner including the order dtd. 16/10/2020 of the Court of the learned CMM, District-North, Rohini Courts, New Delhi, whereby, the proceedings under Sec. 82 of the Cr.P.C. were initiated against the petitioner and order dtd. 15/1/2021, whereby, the proceedings under Sec. 82 of the Cr.P.C. against the petitioner were not withdrawn despite the petitioner having put in appearance before the Court.

(2.) The status report dtd. 1/2/2021 of the ACP, EOW, New Delhi reflects to the effect that the petitioner herein pursuant to order dtd. 8/12/2020 of this Court, whereby, the interim protection was granted to the petitioner with directions to him to join the investigation, joined the investigation on 15/12/2020, 17/12/2020 and 20/1/2021, though, he did not give satisfactory replies and was non co-operative. As per the proceedings in CRL. M.C.2412/2020, the date of grant of interim protection is, however, 9/12/2020.

(3.) Apparently, the purpose of proceedings under Sec. 82 of the Cr.P.C., 1973 is to compel a person to put in appearance before the Court concerned and joining of investigation which the petitioner admittedly did even it be pursuant to the interim protections granted to him, it cannot be overlooked that offence punishable under Sec. 406/420/120B of the Indian Penal Code, 1860, do not fall within the ambit of Sec. 82(4) of the Cr.P.C., 1973.