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Praveen Juneja v. State Of Delhi & Anr.
Factual and Procedural Background
Mr. Sunil Kapoor, Advocate, accepted notice on behalf of the State. The petitioner challenged orders of the Trial Court passed under Section 82 of the Code of Criminal Procedure, which the court notes were issued to secure the petitioner's presence. The Trial Court matter was listed for 21 January 2005. The High Court directed the petitioner to appear before the Trial Court on or before 21 January 2005 and seek bail; until then the impugned order under Section 82 CrPC was stayed. The petition was disposed of and a copy was to be supplied dasti under the Court Master's signature.
Legal Issues Presented
- Whether the Trial Court's orders issued under Section 82 of the Code of Criminal Procedure should be stayed pending the petitioner appearing before the Trial Court.
- Whether the petitioner should be directed to appear before the Trial Court by 21 January 2005 and seek bail in accordance with law.
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The court observed that the impugned orders under Section 82 CrPC were intended only to secure the petitioner's presence and therefore there was no need to serve the complainant. Noting the Trial Court listing on 21 January 2005, the court exercised interim relief by staying the Section 82 order until the petitioner appeared and sought bail. The court found no necessity for additional directions beyond the stay and the directive to appear and apply for bail.
Holding and Implications
DISPOSED OF
Direct effect: the petition was disposed of; the impugned order under Section 82 CrPC was stayed until the petitioner appears before the Trial Court on or before 21 January 2005 and seeks bail in accordance with law. No broader precedent or additional legal consequences were stated in the opinion.
R.C Chopra. J.— Mr. Sunil Kapoor, Advocate, who is present in Court, accepts notice on behalf of the State.
2. There is no need to serve the complainant inasmuch as the petitioner is aggrieved by the orders passed by the Trial Court under Section 82 of the Code of Criminal Procedure. These orders are only with a view to secure the presence of the petitioner.
3. It is stated that he matter before the Trial Court is fixed for 21st January, 2005. Let the petitioner appear before the Trial Court on/or before 21st January, 2005 and seek bail in accordance with law.
4. Till then, the impugned order under Section 82 of the Code of Criminal Procedure shall remain stayed. No further directions are required to be issued.
5. The petition stands disposed of.
6. Copy dasti under the signatures of the Court Master.
Ordered accordingly.
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