Surinder Grover Vs. Delhi Admn.
EmailAppeal: Criminal Appeal No. 433/84.
Petitioner: Surinder Grover
Respondent: Delhi Admn.
Apeal: Criminal Appeal No. 433/84.
Judges: A.P. SEN & V. BALAKRISHNA ERADI, JJ.
Date of Judgment: Mar 26, 1987
Appearances:
Mr. M.M. Kashyap, Adv. A.C. and Mr. Prem Malhotra, Adv. for Applicant.
Mr. C.V. Subba Rao, Adv. for the Respondent.
Head Note:
CRIMINAL LAW
Petitioner procured Court’s order for leave to appeal by fraud – Fact pertaining to dismissal of earlier petition concealed from the Court – Warrants of arrest issued.
Petitioner procured Court’s order for leave to appeal by fraud – Fact pertaining to dismissal of earlier petition concealed from the Court – Warrants of arrest issued.
JUDGEMENT:
O R D E R
1. It is quite clear that the petitioner by suppression of material facts and by practising fraud procured Court’s order dated September 6, 1984 granting leave to appeal. He concealed the fact that the Court had earlier dismissed a similar petition for grant of leave on September 23, 1983 after hearing learned counsel for the parties. Not only this fact was kept back from the Court but the petitioner also deliberately changed his name to Surinder Grover instead of Surinder Kumar under which name he had earlier made an application for grant of special leave.
2. Shri M.M. Kashyap learned counsel appearing for the appellant, prayed for leave to file a reply but we decline prayer. It appears from the application moved by the complainant Subhash Grover who is a brother of the petitioner that the petitioner is seen freely moving about in the Kingsway Camp area, Delhi. It is quite evident that the petitioner is trying to avoid execution of this Court’s order for being taken into custo-dy to serve out the sentence.
3. Let a non-bailable warrant be issued for the arrest of the petitioner. We direct the Station House Officer, Kingsway Camp area, Delhi to arrest the petitioner forthwith and submit report of compliance to this Court within two weeks from today.
1. It is quite clear that the petitioner by suppression of material facts and by practising fraud procured Court’s order dated September 6, 1984 granting leave to appeal. He concealed the fact that the Court had earlier dismissed a similar petition for grant of leave on September 23, 1983 after hearing learned counsel for the parties. Not only this fact was kept back from the Court but the petitioner also deliberately changed his name to Surinder Grover instead of Surinder Kumar under which name he had earlier made an application for grant of special leave.
2. Shri M.M. Kashyap learned counsel appearing for the appellant, prayed for leave to file a reply but we decline prayer. It appears from the application moved by the complainant Subhash Grover who is a brother of the petitioner that the petitioner is seen freely moving about in the Kingsway Camp area, Delhi. It is quite evident that the petitioner is trying to avoid execution of this Court’s order for being taken into custo-dy to serve out the sentence.
3. Let a non-bailable warrant be issued for the arrest of the petitioner. We direct the Station House Officer, Kingsway Camp area, Delhi to arrest the petitioner forthwith and submit report of compliance to this Court within two weeks from today.
