The Delhi High Court allows quashing of proceedings initiated under sections 406, 420 IPC holding that declaration as PO under section 82(4) Cr.PC is not sustainable.

The Delhi High Court has allowed an application of an accused which sought to quash the order dated 05.01.2021 as well as the non-bailable warrants issued against him vide order dated 05.01.2021 by the Court of the learned CMM, PHC in FIR No.147/2020, PS EOW, under Sections 406/420/120B of the Indian Penal Code, 1860. The quashing application was filed by the petitioner also against the order dated 02.03.2021, vide which the prayer made by the accused / petitioner before the learned trial Court seeking cancellation of non-bailable warrants issued vide order dated 05.01.2021 was declined. The petitioner has also sought the quashing of an order dated 03.03.2021 of the learned CMM, PHC along with the process under Section 82 of the Cr.PC, 1973 issued against the accused / petitioner in the said FIR by the learned trial Court. 
 
The High Court observed thus:
 
“It is essential to observe that as regards the prayer made by the petitioner seeking quashing of the proceedings initiated vide order dated 03.03.2021, under Section 82 of the Cr.PC, 1973 in as much as the FIR in the instant case is registered under Sections 406/420/120B of the Indian Penal Code, 1860, the said provisions of law sought to be invoked by the Investigating Agency do not fall within the ambit of Section 82(4) of the Cr.PC, 1973 and thus the applicant cannot be declared a Proclaimed Offender thereunder in view of the verdict of this Court in in Manoj Tandon Vs. State in Crl.M.C.1961/2020, dated 25.11.2020 whereby there is a reference made to the verdict of this Court in Sanjay Bhandari vs. State in Crl.Rev.Pet.No.223/2018, a verdict dated 31.07.2018, the verdict of the Hon’ble High Court of Rajasthan in Rishabh Sethi vs. State of Rajasthan and Ors. in Petition No.5767/2017. 
 
In view thereof, the order dated 03.03.2021 of the learned trial Court directing the issuance of process under Section 82 of the Cr.PC, 1973 against the petitioner in FIR No.147/2020, PS EOW, under Sections 406/420/120B of the Indian Penal Code, 1860 is quashed.” 

ARUN KUMAR PARIHAR vs. STATE (GOVT NCTD)