CRL.M.C./7111/2026 of DHEERAJ BENIWAL Vs THE STATE NCT OF DELHI on 23 September 2026

O R D E R

% 23.09.2026

1. This hearing has been done through hybrid mode.

2. The present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 [hereinafter referred to as ‘CrPC’] read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [hereinafter referred to as ‘BNSS’], seeking setting aside of the orders dated 25.05.2026 and 20.07.2026 passed by the learned Additional Sessions Judge-05, Central District, Tis Hazari Courts, Delhi, in SC No. 589/2022, arising out of FIR No. 208/2022, registered at Police Station Wazirabad, District North, Delhi, under Sections 307 read with Section 34 of the Indian Penal Code, 1860 [hereinafter referred to as ‘IPC’], whereby non-bailable warrants [NBWs] were issued against the petitioner and, subsequently, proceedings under Section 82 of the CrPC were initiated against him. The petitioner also seeks protection from coercive steps upon his appearance before the learned Trial Court.

3. Briefly stated, on 25.05.2026, the petitioner remained absent before the learned Trial Court and his proxy counsel expressed having no information regarding him, whereupon NBWs were issued against him. On 20.07.2026, the petitioner again remained absent and the warrants remained unexecuted. The learned Trial Court, noticing that the explanation of illness offered on his behalf was at variance with the submission made on the previous date, directed issuance of process under Section 82 of the CrPC and warrants of attachment against his surety. The petitioner thereafter moved an application seeking dropping of the proceedings under Section 82 of the CrPC and has approached this Court assailing the aforesaid orders, contending that his absence was not deliberate and that he apprehends coercive action upon appearing before the learned Trial Court.

4. Learned counsel for the petitioner submits that the petitioner’s absence before the learned Trial Court was neither deliberate nor with an intention to evade the proceedings. It is submitted that he could not appear on account of illness and apprehension of coercive action in another FIR. The petitioner undertakes to appear before the learned Trial Court and participate in the proceedings, and accordingly seeks protection from coercive steps.

5. Learned APP for the State opposes the petition and submits that the petitioner had been absconding in connection with an FIR registered in the year 2025 at Police Station Wazirabad, involving the offence under Section 103 of the Bharatiya Nyaya Sanhita, 2023 [hereinafter referred to as ‘BNS’] [Corresponding Section 302 IPC]. It is, therefore, submitted that no interference with the impugned orders is warranted.

6. Heard the learned counsel[s] for the parties and perused the material placed on record.

7. On 25.05.2026, the petitioner did not appear before the learned Trial Court, and his proxy counsel stated that they had no information about him. NBWs were accordingly issued. The petitioner thereafter remained absent on 20.07.2026, the warrants were returned unexecuted, and the explanation of illness offered on that date was at variance with the statement made on 25.05.2026. It was in these circumstances that the learned Trial Court directed issuance of process under Section 82 CrPC.

8. The petitioner’s undertaking to appear does not, by itself, justify setting aside those orders or granting advance protection against coercive steps. He may appear before the learned Trial Court and seek appropriate relief, which shall be considered in accordance with law.

9. Accordingly, no ground for interference with the impugned orders is made out.

10. Therefore, the petition is dismissed and thereby, disposed of.

11. The pending application also stands disposed of.

12. A copy of this order be sent to the concerned learned Trial Court for necessary information and compliance.

13. The order be uploaded on the website forthwith. MADHU JAIN, J SEPTEMBER 23, 2026/prg/PG