IN THE COURT OF MS, SHILPI JAIN, LD.
MM,
TIS HAZARI COURTS, NEW DELHI.
IN RE:-
STATE Vs. VISHNU KUMAR
F IR NO. 199/2013
U/s. 420/468/471/34 of IPC
PS- Karol Bagh, New
Delhi
APPLICATION FOR CANCELLATION OF ISSUANCE OF NBW AND
PROCEEDINGS U/S 82 Cr.PC, EMANATING OUT OF CASE FIR No.
199/2013 PS KAROL BAGH, MOVED ON BEHALF OF THE
APPLICANT/ACCUSED VISHNU KUMAR.
MOST RESPECTFULLY SHOWETH:-
1. That Applicant herein who is a senior citizen aged about 72 years
has been implicated in the FIR No. 199/2013, U/s.
420/468/471/34 of IPC, by the police officials of PS Karol Bagh,
Delhi, on the false and frivolous complaint of the Complainant,
when the facts remains that the Applicant/Accused is a law
abiding citizen and has never been involved in any case
whatsoever.
2. That the applicant has been impleaded as an accused in the
present case FIR No. 199/2013, PS: Karol Bagh, Delhi, which has
been registered on the false and frivolous complaint of the
complainant and the police officials of PS Karol Bagh, Delhi to
subvert the due process of law by showing that the process under
Section 82 Cr.PC has been duly executed, but the fact remains that
the police officials have not disclosed to this Hon’ble Court the
factum of the present applicant taking recourse to law by
approaching the concerned Court of LD. ASJ, Tis Hazari Courts,
vide Bail Application No. 2966/2018 on 15.10.2018, i.e. much
before the initiation of coercive steps against the applicant by this
Hon’ble Court. A copy of the order of the Hon’ble ASJ dated
16.10.2018 is annexed herewith.
3. That it is pertinent to mention that upon dismissal of the
abovementioned Bail Application preferred by the Applicant by
the Ld. ASJ, the Applicant again took the recourse available to him
under law and approached the Hon’ble High Court of Delhi vide
Bail Application No. 2587 of 2018, which was disposed of vide
order dated 31.10.2018. A copy of the said order is annexed
herewith.
4. That pursuant to the disposal of the abovementioned Application
of the present Applicant, the Applicant preferred an SLP against
the order dated 31.10.2018, passed by the Hon’ble High Court of
Delhi, which is likely to be listed shortly.
5. That this Hon’ble Court, on being deprived of the above
mentioned factum by the police officials of PS Karol Bagh, Delhi,
issued NBW against the accused/applicant on their request, which
harps upon and diminishes the statutory remedy available to the
present Applicant.
6. That it has been held in a catena of Judgments by the
Hon’ble High Court of Delhi, more specifically in case titled
as JAGDISH NAUTIYAL VS. STATE [2013 (1) JCC 311]
observed that “every reasonable Person who has approached
the Court for grant of Anticipatory Bail will keep away from
the Investigation for some time so that his Bail Application
does not become Infructuous. ”
7. That the object behind incorporation of section 82 in the code of
criminal procedure has been elaborated in a catena of Judgments
of the Hon’ble Supreme court of India and various High Courts,
and was also reiterated by the Hon’ble Apex Court in “Vimlaben
Ajitbhai Patel Vs. Vatsalben Ashokbhai Patel” 2008AIR (SC)
2675, wherein it was held that “The provisions contained in section
82 of the code of criminal procedure were put on the statute book
for certain purpose. It was enacted to secure the presence of the
Accused. Once the said purpose is achieved, the Attachment shall be
withdrawn.”
8. That the Hon’ble High Court of Delhi in the matter of High Court
of Delhi in the matter of “Yogendra Pratap Singh Vs. State”
2009 (2) JCC 1314 has held that “ The process under section 82/83
of Cr.P.C. is a process only to ensure appearance of the Petitioner
before the court so that the investigating agency can complete the
investigation by interrogating the Accused.
The aforesaid process nowhere takes away the right of
the Petitioner to file any application of Bail….The proclamation
issued under section 82/83 itself enables the Accused to appear in
the court within 1 month of the proclamation for avoiding the
process under section 83 Cr.P.C…
A bare perusal of the provisions under section 82/83 goes to show
that once a proclamation is issued against a person who could not
be arrested despite issuance of NBW …….., he can cause appearance
within 30 days from the date of publishing such proclamation and if
such appearance is caused, the proceedings under section 82 and 83
would come to an end.
9. That the Applicant is a senior citizen aged about 72 years and
suffering from severe heart and lungs disease, rendering his heart
with only 55% functional capacity, rendering the Applicant to be
in need of to be taken care of by his family members at the fag
end of his life. It is further pertinent to mention that the Applicant
is surviving on an artificial lung machine which is installed in his
house and only after taking support from the said machine for 12
hours, he survives for another 12 hours. A true typed copy of the
Medical Reports of the Applicant showing his precarious medical
condition is being annexed herewith.
PRAYER: -
In view of the aforesaid facts and circumstances, it is, therefore,
most respectfully prayed that this Hon’ble Court may be pleased to: -
I. Keep in abeyance the issuance of NBW as also proceedings U/s. 82
Cr.PC, against the accused/applicant emanating out of the case FIR
No. 199/2013, PS Karol Bagh, till disposal of the Special leave
Petition pending adjudication before the Hon’ble Supreme Court.
II. Such other or further orders as this Hon’ble Court may deem fit and
proper in the facts and circumstances of the present case be also
passed in favour of the Applicant/Accused to meet the ends of
justice.
DELHI
DATED
COUNSEL FOR THE APPLICANT
(R.K. TARUN & ASSOCIATES)
ADVOCATES
Chamber No. 324, Civil Wing,
Tis Hazari Courts, Delhi-110054.
# 9811225854
E-mail:-
[email protected] IN THE COURT OF MS, SHILPI JAIN, LD. MM,
TIS HAZARI COURTS, NEW DELHI.
IN RE:-
STATE Vs. VISHNU KUMAR
F IR NO. 199/2013
U/s. 420/468/471/34 of IPC
PS- Karol Bagh, New
Delhi
AFFIDAVIT
I, Sh. Vishnu Kumar, S/o Late Sh. Krishan Lal, R/o; H. No 6772/1,
1st Floor, Gali No. 3, Block No. 10, Dev Nagar, Karol Bagh, Delhi -110005,
Aged about 72 years do hereby solemnly affirm and declare as under: -
1. I say that I am the Applicant in the instant matter as such fully
conversant with the facts and circumstances of the case and
competent to swear this affidavit.
2. That the contents of accompanying Application are true and
correct to my knowledge and belief and nothing material has
been concealed therefrom.
3. That the annexures are true and correct copies of their
respective originals.
DEPONENT
VERFICIATION
Verified at New Delhi on this _______ day of November, 2018,
the contents of aforesaid affidavit are true and correct to my
knowledge and belief and nothing material has been concealed
therefrom.
DEPONENT
IN THE COURT OF MS, SHILPI JAIN, LD. MM,
TIS HAZARI COURTS, NEW DELHI.
IN RE:-
STATE Vs. VISHNU KUMAR
F IR NO. 199/2013
U/s. 420/468/471/34 of IPC
PS- Karol Bagh, New
Delhi
INDEX
S.NO PARTICULARS PAGE NO.
1. Application for cancellation of Issuance of NBW
and proceedings U/s 82 Cr.P.C., along with
supporting Affidavit.
2. List of Documents along with Documents
3. Vakalatnama.
DELHI
DATED
COUNSEL FOR THE APPLICANT
(R.K. TARUN & ASSOCIATES)
ADVOCATES
Chamber No. 324, Civil Wing,
Tis Hazari Courts, Delhi-110054.
# 9811225854
E-mail:-
[email protected] IN THE COURT OF MS, SHILPI JAIN, LD. MM,
TIS HAZARI COURTS, NEW DELHI.
IN RE:-
STATE Vs. VISHNU KUMAR
F IR NO. 199/2013
U/s. 420/468/471/34 of IPC
PS- Karol Bagh, New
Delhi
LIST OF DOCUMENTS BEING FILED ON 28 NOVEMBER 2018.
1. Copy of order dated 16.10.2018, passed by Ld. ASJ, Tis Hazari
Courts.
2. Copy of Order dated 31.10.2018, passed by the Hon’ble High Court
of Delhi.
3. Copy of Medical reports of the Applicant.
DELHI
DATED
COUNSEL FOR THE APPLICANT
(R.K. TARUN & ASSOCIATES)
ADVOCATES
Chamber No. 324, Civil Wing,
Tis Hazari Courts, Delhi-110054.
# 9811225854
E-mail:-
[email protected]
