2011 (8) TMI 288

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....er the Reporters of local papers may be allowed to see the judgment? YES   2. To be referred to the Reporter or not? YES   3. Whether the judgment should be reported in the YES Digest? SURESH KAIT, J. (Oral) Crl.MA. No.16799/2010 (delay) For the reasons explained, delay of 20 days stands condoned. Criminal M.A. stands disposed of. CRL.REV. P.No.694/2010   1. By the present ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....07. Thereafter, coercive processes were repeated and the vide order dated 24.11.2009, ld.ACMM; New Delhi directed for publication of the process under Section 82 Criminal Procedure Code, returnable for 23.04.2010. On the said date, ld.Presiding Officer was on leave, however the report on the process under Section 82 Cr.P.C. was filed and the matter was fixed for 28.06.2010 by the Link Magistrate f....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r Section 82 Cr. P.C. complaint is dismissed for non prosecution."   5. Ld. counsel for the petitioner submits that ld.ACMM; New Delhi has totally gone wrong in dismissing the complaint on the ground that complainant failed to take the steps for publication of process under Section 82 Cr.P.C. 6. Further, ld.counsel has relied upon the judgment of this Court dated 12.07.2010 passed in Cr....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r to its logical end. If the investigating agency is not acting properly, an action should be ordered by the Court against the official of the investigating agency by superior officials but that would not give an excuse to the Court to let off the accused or let off any other person or refuse to issue process in accordance with law. The impugned order dated 23rd February 2010 is hereby set aside a....