State vs. Shamshad

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI

• CRL.A. 506/2003

STATE ..... Appellant Through: Mr.Ravi Nayak, APP for State Inspector Awatar Singh, SHO Nand Nagri

versus

SHAMSHAD ..... Respondent

Through: None

CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MR. JUSTICE I.S.MEHTA O R D E R % 30.01.2020

The present is an appeal where the respondent Shamshad appeared in the appeal proceedings and presented himself both at the stage prior to and after grant of leave. The appellant having knowledge of the appeal has deliberately kept himself away.

Vide order dated 18th January, 2020 the concerned Metropolitan Magistrate has observed as follows:

"Accused Shamshad S/o Mohd Ayub failed to appear before the Court despite due execution of process U/s 82 Cr.P.C. Hence, he be declared as proclaimed offender. Copy of order be given dasti to SI Bintu Sharma as requested. Application of the IO stands disposed off accordingly."

The present is eminently a case where the Court ought to appoint an amicus curiae to represent the respondent who has already been declared as a proclaimed offender and hear the appeal on merits.

Directed Accordingly.

A perusal of the order sheets in the present appeal reflects that Mr.Rajesh Mahajan, Advocate had been appointed as an amicus curiae to address arguments in the appeal on behalf of the respondent. Since Mr.Rajesh Mahajan is currently an Additional Standing Counsel for the Government of NCT of Delhi, it is not possible for him to represent the respondent in the present case. We therefore appoint Ms.Inderjeet Sidhu, Advocate as an amicus curiae to assist the Court on behalf of the respondent in the present appeal.

The Registry is directed to provide her with complete set of paper book, forthwith.

List in category of 'After Notice Miscellaneous Matters', on 23rd March, 2020.

SIDDHARTH MRIDUL, J

I.S.MEHTA, J

JANUARY 30, 2020 sr