PAWAN KUMAR GUPTA Vs. STATE

JUDGEMENT

(1.) Vide the present petition filed under section 397 read with section 482 Cr.P.C., the petitioner/convict seeks direction thereby to set aside the impugned order dated 21.12.2018 passed by Ld. ASJ/FTC, Patiala House Court, New Delhi in FIR No.413/2012 registered at Police Station Vasant Vihar for the offences punishable under sections 120-B IPC and 365/366/376(2) (g)/377/307/302 IPC and/or section 396/395/397/201/412 IPC read with section 120-B IPC.

(2.) It is pertinent to mention here that learned counsel for the petitioner mentioned at 10:30 a.m. and sought adjournment and accordingly, since notice is not issued in the absence of counsel for the State, the matter was adjourned for 24.01.2020 and thereafter, he left the court. Immediately thereafter, Mr.Sanjay Lao, learned Additional Standing Counsel for the State appeared and mentioned that the issue of juvenility which is challenged in the present petition has already been decided by the Hon'ble Supreme Court, thus, the present petition is not maintainable. He further submits that the petitioner is adopting delay tactics and wanted to drag the matter so that execution of the death sentence may not take place, date for which is to be decided very soon.

(3.) Accordingly, this Court directed Mr.Mahesh Raturi, Assistant Court Master of this Court that let a message be sent to Advocate Shri A.P. Singh, who has filed the present petition. Accordingly, he sent a text message on mobile phone nos.9810368152 and 9210215708 maintained by Shri A.P. Singh, Advocate at 11:27 a.m. Thereafter, in addition to the text message, the above-named ACM called on the aforementioned numbers and his call was answered once but immediately disconnected and thereafter, his call went unanswered. Thereafter, mail sent on his e-mail address apsingh.adv.off@gmail.com by the ACM to Shri A.P. Singh, Advocate is as under: