Del HC | Accused, whose anticipatory bail is rejected by SC, ought to surrender before IO concerned; proceedings issued under S. 83 CrPC held not vitiated

Delhi High Court: Brijesh Sethi, J. dismissed a criminal writ petition challenging the order of the Special Judge (Prevention of Corruption) whereby proceedings against the petitioner under Section 83 CrPC (attachment of property of person absconding) were initiated.

The petitioner was involved in a case under Section 13(1)(d) of the Prevention of Corruption Act, 1988 read with Sections 120-B and 420 IPC. Pritish Sabharwal, Advocate for the petitioner, submitted that the Sessions Judge had initiated proceedings under Section 83 against the petitioner and directed attachment of his movable and immovable property where the petitioner’s old wife and his daughter are residing. It was submitted that they would be evicted forcefully within 48 hours and they did not have other places to reside in. It was further submitted that the petitioner was not deliberately evading arrest; he has filed a writ petition for quashing of the FIR which was reserved for orders by the High court. Sanjay Lao, Additional Standing Counsel for the State, submitted that anticipatory bail filed by the petitioner was rejected by the Supreme Court and he is evading arrest.

The High Court noted that in the case against the petitioner under PC Act, he had moved an anticipatory bail which was first dismissed by the trial court, then by the High court, and finally by the Supreme Court. It was further noted that the petition for quashing of the FIR was filed approximately one month after the dismissal of the anticipatory bail application by the Supreme Court. The Court was of the view that the petitioner, whose anticipatory bail was dismissed by the Supreme Court, ought to have surrendered himself before the Investigating Officer or the Court concerned.

The court found no grounds to quash the impugned order. It was held that the petition for the quashing of FIR would, no doubt be decided by the High Court in due course including the issue of its maintainability. However, the proceedings initiated by the IO under Section 83 CrPC could not have stayed at the initial stage. The IO was carrying out the proceedings as per law and no interference was required from the Court in that regard.

In such view of the matter, the instant criminal writ petition was dismissed. [Pawan Kamra v. State, WP (Crl.) No. 2830 of 2019, decided on 01-10-2019]

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