- (1.) Supplementary affidavit filed today by learned counsel for the applicant is taken on record.
(2.) The present matter has come up before this Court after a nomination by Hon'ble The Chief Justice vide order dated 14.7.2014 in pursuance of a judicial order passed by another Bench of this Court on 10.7.2014 which is quoted hereinbelow:- "Parcha filed by Mr. Vinay Saran, Advocate, on behalf of complainant, is taken on record. The preliminary objection has been raised that earlier petition under section 482 Cr.P.C. No.14958 was filed, which was considered by detailed and reasoned order. The petition was dismissed on 30.5.2013 by Hon'ble Ramesh Sinha (J.) with the observation that the petitioner was fugitive from justice, who did not surrender to the jurisdiction of the Court and who disobeyed and flouted the order of the court. Against that order special leave petitions No.4905 of 2013 and 5278 of 2013 were filed before the Apex Court, which were dismissed with the observation that warrant of arrest issued against the applicant should not be executed for a period of six weeks. In the meanwhile petitioner should appear before the trial court and seek bail or exemption from appearance, in accordance with law. However, applicant did not appear in compliance of order before the court concerned within time. In view of the fact, let this matter be placed before Hon'ble Ramesh Sinha, J. after obtaining nomination from Hon'ble The Chief Justice, if possible, on 17.7.2014 as fresh."
(3.) The present 482 Cr.P.C. has been filed praying for setting aside the order dated 2.6.2014 passed by IInd Additional Chief Judicial Magistrate, Ghaziabad in Complaint Case No. 1086 of 2009 under Sections 403, 405, 423, 120-B/34 I.P.C. dismissing the application moved by the applicant under the provisions of Section 205/317 Cr.P.C. to exempt the applicant from personal appearance.;