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Synopsis

A Delhi Court has imposed cost of Rs. 5,000 upon an accused for causing adjournment of proceedings in a case related to the northeast Delhi riots of 2020.

Additional Sessions Judge (ASJ) Pulastya Pramachala said that the absence was “deliberate” after the counsel for the accused mentioned that he has gone for Amarnath Yatra.

“For causing adjournment in the case today out of a deliberate action, a cost of Rs.5,000/- is imposed upon accused Sonu”, the court ordered.

“At the same time he is asked through his counsel to show cause to explain why not his bail be cancelled for breaching the terms of his personal bond and deliberate absence on this date”, the ASJ added.

The court was hearing a case registered by the Gokalpuri police station against six accused, who were booked for rioting, mischief and other charges during the riots. The case is at the stage of presenting prosecution evidence.

The ASJ noted that Sonu, an accused was absent for hearing on Tuesday. It was stated by the counsel for the accused that he had gone to Amarnath Yatra and therefore was unable to appear before the court and therefore sought adjournment.

“Today's date was announced to all the accused well in advance. Accused Sonu despite having knowledge of today's date, opted to go out of Delhi that too without seeking any such permission”, the court said.

The court said it was well apparent that despite having knowledge, without making any such arrangement for proceedings being conducted even in his absence, the accused was absent on the day and the given reason was also “not a reason” which could be treated to be a case of exigency.

“Rather, it is a case of pre-planned journey. In these circumstances, I am not satisfied with the reasons for absence of accused Sonu, which is also causing adjournment in the case today”, it said.

Case Title: State v. Dinesh