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Judgment
Suresh Kait, J.
Crl. M.A. No. 8833/2011
Exemption allowed, subject to all just exceptions.
CRLM.C. 2442/2011
The present petition has been filed to challenge the order dated 23.07.2011 wherein the Addl. Sessions Judge, Dwarka has observed that it was contended by Id. APP for the State assisted by Id. Counsel for the complainant that since her marriage in 2006, the complainant has been subjected to untold atrocities and miseries by the applicant. The passport of the complainant was snatched and she was left alone to die without any food and place to live. She then had to seek an emergency protection order wherein the applicant/husband was directed to remove himself from the apartment.
It was further pointed out by the APP that all the incidents of cruelty have been detailed in the FIR. After being issued with repeated notices, the Petitioner has not joined the investigation. Even now the Petitioner has only came back to India as his visa had expired. After filing his bail application he intended to flee and was gaining time by keeping the matter pending on the pretext of compromise.
It was further observed by the Id. Addl. Sessions Judge that the FIR in this case was registered on 19.07.2010. The applicant did not join the investigation for about 10 months.
The learned ASJ has further directed that in the event of arrest, applicant be granted interim anticipatory bail for a period of two months on his executing a personal bond in sum of 150,000/- with one surety in the like amount to the satisfaction of IO/SHO concerned; subject to condition that he shall join the investigation as and when called and shall not leave the country till further orders from the court and the passport of the applicant shall remain with IO till further orders. Meanwhile, IO shall conduct the investigation fairly and expeditiously and the matter was ordered to be listed on 24.09.2011 for consideration of bait.
Ld. Counsel appearing for the Petitioner submits that the Id. Addl. Sessions Judge after granting two months interim protection have postponed the matter for 24.09.2011, He submits that a long date would cause prejudice to the Petitioner, as he has to go back abroad.
I have perused the notices sent by Insp. Prem Lata, CAW Cell, Nanakpura. It appears that five notices have been sent one after the other. First notice was sent in July, 2010 and last notice was sent on 01.04.2011.
The Petitioner had arrived in India on 30.05.2011 at his leisure and pleasure. He did not bother about the proceedings pending against him in India. The court has granted him interim protection also.
He wants the investigation to go on as per his own style. Insp. Prem Lata, CAW Cell, Nanakpura, who is personally present in the Court, submits that she is handling a number of cases and has to attend Court proceedings since morning to evening; and that even today, it is 4 p.m. and she is waiting for her turn, therefore, the investigation cannot be conducted in a supersonic speed as per the Petitioners'' wish, on the priority basis.
In my opinion, the Petitioner is under protection, therefore, his rights are not prejudiced. He can wait till the investigation is complete.
In view of the above facts and circumstances of the case and previous conduct of the Petitioner, I do not find any merit in this petition, the same is accordingly dismissed.
No order as to costs.