Delhi High Court: Order not to arrest the accused despite the application being rejected from the Supreme Court, Delhi High Court took this step, Delhi High Court Orders Action on Judicial Magistrate and Additional Session Judge for Indiscipline

Delhi High Court: Order not to arrest the accused despite the application being rejected from the Supreme Court, Delhi High Court took this step, Delhi High Court Orders Action on Judicial Magistrate and Additional Session Judge for Indiscipline

New Delhi. The Delhi High Court has taken seriously the ban on his arrest from the judicial magistrate and additional session judge despite not giving relief from the Supreme Court, accused in the fraud case. A bench of Delhi High Court Justice Girish Kathpalia expressed surprise that the magistrate and session judge ordered the High Court not to arrest Nikhil even after anticipatory bail and SLP was rejected from the Supreme Court. Considering it as judicial indiscipline, the Delhi High Court ordered action against both judges. At the same time, the prosecution and the role of the investigating agency in hiding the facts have also been asked to investigate.

Justice Kathpalia dismissed Nikhil Jain’s anticipatory bail application, saying that it seems that Rohini’s judicial magistrate I and Additional Sessions Judge deliberately stopped the arrest of the accused. The petition filed in this regard said that two of his anticipatory bail applications were rejected from the sessions court. Then the Delhi High Court also did not provide anticipatory bail twice in February and March 2024. After which Nikhil Jain gave SLP in the Supreme Court and that too was rejected. Even after this, the accused has not been arrested yet. A bench of Delhi High Court found that orders were issued to save the accused from arrest. However, the investigating officer also did not arrest Nikhil.

The Judicial Magistrate and Additional Sessions Judge responded to the High Court that the investigating officer or prosecution had not informed them about the anticipatory bail or SLP dismissal of the accused. The Delhi High Court said that the judicial magistrate did not pay attention to how the SLP was settled. The Delhi High Court said that it cannot be assumed that the judicial magistrate and the additional session judge did not know about the earlier anticipatory bail or SLP dismissal of the accused.

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