YOGENDER PRATAP SINGH Vs. STATE

JUDGEMENT

(1.) THIS order shall dispose of a petition filed under Section 397 read with Section 401 & 402 of the Code of Criminal Procedure (Cr.P.C.) with a prayer that the order dated 17.10.2007 passed by the Court of learned Metropolitan Magistrate, Rohini, Delhi as well as the process issued against the petitioner under Section 82/83 of Cr.P.C. in case FIR No.674/2001 registered at P.S. Uttam Nagar under Section 420 IPC be quashed.

(2.) BRIEFLY stating the facts giving rise to this petition are:

(3.) IT appears that the petitioner was aware of these proceedings and wanted the order of the Magistrate dated 02.06.2000 to be set aside, and thus he moved an application before the Metropolitan Magistrate to recall the aforesaid order by pleading that the petitioner could not appear in the Court as he was unwell and that his treatment was still going on. However, he did not cause his appearance before the Court and moved this application through his counsel praying for cancellation of warrants issued against them but without appearance in Court.