Judgment · High Court

Present: Ms. Jasvinder Kaur, Adv. for the Petitioner. Mr. M.P. Singh, APP for the State with SI Baijit Singh, P.S. Shalimar Bagh. + Cr!. M.C. No. 84/2011 & Cr!. M.A. No. 406/2011 (stay) It appears that petitioner, who is a Constable in Delhi Police, did not appear in the Court as a witness despite service of bailable warrants. Bailable warrants were not personally served upon him. As per the Assistant Commissioner of Police, petitioner was informed through telephone to appear in the court. Learned counsel for the petitioner submits that information was received by him from ASI Bhagwati on 8th July, 2010 itself that he had to appear in the court as a witness. Petitioner was on medical leave between 6th and 7th July, 2010. For unavoidable reasons, he could not appear in the court. Explanation given by him was not accepted by the Trial Court while imposing the cost. Keeping in mind the contentions of learned counsel for the petitioner, order dated 27th August, 2010 is set aside only with • regard to imposing of cost of 3,000/- on the petitioner. Petition is disposed of in the above terms. K. PATHAK, J. JANUARY 14, 2011 Signature Not Verified Signing Date:14.08.2024 17:17:56 Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.