ARUN KUMAR vs THE STATE GOVT. OF NCT OF DELHI AND ANR

Judgment text excerpt

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 30.05.2025 + CRL.M.C. 3999/2025, CRL.M.A. 17423/2025 & CRL.M.A. 17422/2025 ARUN KUMAR .....Petitioner Through: Mr. Aman Mehta, Advocate. versus THE STATE GOVT. OF NCT OF DELHI AND ANR .....Respondents Through: Mr. Nawal Kishore Jha, APP for State with SI Vikash and ASI Dev Kumar, PS Naraina. CORAM: JUSTICE GIRISH KATHPALIA JUDGMENT (ORAL) 1. The petitioner/accused has assailed order dated 26.04.2025 of learned Trial Magistrate, whereby non-bailable warrants against the petitioner/accused were ordered as neither he nor his counsel on record appeared; and order dated 21.05.2025, whereby application for cancellation of non-bailable warrants was dismissed. 2. Learned APP for State accepts notice and in all fairness submits that subject to cost, the petition can be allowed. CRL.M.C. 3999/2025 Page 1 of 3 pages GIRISH KATHPALIA Digitally signed by GIRISH KATHPALIA Date: 2025.05.30 14:06:32 +05'30' Signature Not Verified Digitally Signed By:NEETU N NAIR Signing Date:30.05.2025 15:21:58 3. It appears that on 26.04.2025, trial in the case FIR No. 193/2014 of PS Naraina for offence under Section 279/338 IPC was listed before the Trial Court, but neither the petitioner/accused nor his counsel on record appeared, though the prosecution witness was present. As noted by the learned Trial Court, the said witness is 71 years old and cancer patient and had appeared five times, coming all the way from Pune. The proxy counsel appearing on 26.04.2025 requested for adjournment on the ground that counsel on record was held up in some other court, which adjournment request was rejected, observing that Section 309 CrPC does not stipulate such request as a ground for adjournment. Therefore, the learned Trial Magistrate issued no