DEEPAK KUMAR @ DEEPAK SAHA Vs. STATE

JUDGEMENT

(1.) By virtue of present petition filed under Sec. 482 Crimial P.C. the petitioner seeks to quash three orders dated 07.12.2010, 04.02.2011 and 10.10.2013 passed by learned CMM, Patiala House Courts, New Delhi, by which process under Sections 82 and 83 Crimial P.C. were issued against the petitioner and he was declared to be a proclaimed offender respectively.

(2.) The brief facts stated are that an FIR No. 69/07 dated 08.10.2007 under Sections 384/506/34 Penal Code was registered at Police Station Special Cell, Lodhi Colony, New Delhi. Consequently, one Brijesh Singh and Tribhuvan Singh were arrested. The co-accused Deepak Saha and Sanjay Singh could not be arrested and Non- bailable warrants (NBWs) were issued against them. Thereafter, Head Constable Sunil Gaur and Ajay Kumar executed the process under Sections 82 and 83 Crimial P.C. against the present petitioner. The Statement of process server under Sec. 82 Crimial P.C. was recorded by the learned CMM and subsequently, issued process under Sec. 83 Crimial P.C. qua against the present petitioner vide order dated 06.04.2011.

(3.) Thereafter, Sub Inspector Mr.Mukesh Singh and Head Constable Sunil Gaur visited the house of the petitioner Deepak Kumar for the execution of the process under Sec. 83 Crimial P.C. against him but the same could not be executed for want of property in the name of the petitioner.