IN THE COURT OF MS.

ILLA RAWAT
SPL. JUDGE-CBI (P.C ACT)
RAUS AVENUE COURTS, NEW DELHI
C.C No. 12/2012(02/2016)
IN THE MATTER OF:
CBI ........APPLICANT/ACCUSED

VERSUS

N. DIWAKAR & ORS ........RESPONDENTS

INDEX

S No Particulars Pages
1 Application U/s. 205 Cr.P.C on behalf of
applicant/accused S. P. Saxena for the
permanent exemption from the personal
appearance
2 ANNEXURE-A/1- Photocopy of prescription
dated 07.05.2019
3 ANNEXURE-A/2- Photocopies of IHBAS,
Delhi medical prescription
4 ANNEXURE-A/3- Hon’ble Delhi High Court
order dated 22.04.2019

APPLICANT/ACCUSED
(S.P. Saxena)

Through:
VISHAL SINHA AND ASSOCIATES
Advocates for Accused/Petitioner
Off:341, Vasrdhman J.P.Plaza,
Plot No.8, Sector-4, Market, Dwarka,
New Delhi-110075
Date: 08.05.2019
Place: New Delhi
 IN THE COURT OF MS. ILA RAWAT
SPL. JUDGE-CBI (P.C ACT)
RAUS AVENUE COURTS, NEW DELHI
C.C No. 12/2012(02/2016)
IN THE MATTER OF:
CBI VS. N. DIWAKAR & ORS.

PS. CBI/ACB

APPLICATION U/S. 205 CR.P.C ON

BEHALF OF APPLICANT/ACCUSED S. P.
SAXENA FOR THE PERMANENT
EXEMPTION FROM THE PERONAL
APPEARANCE

MOST RESPECTFULLY SHOWETH:

1. That the above mentioned case is pending before this
Hon’ble Court and is fixed for hearing for today i.e.
08.05.2019.

2. That this applicant/accused is having long history of

around 35 years of heart disease, sugar and High blood
Pressure and had undergone bye-pass surgery of heart at
ESCORTS Hospital, Ayushman Hospital i.e.
applicant/accused is having week/immune body
/structure.

3. That the applicant/accused presently suffering from eye

sight problem and the doctor advised 3 days bed rest for
pre-medication rest before eye surgery. And also referred
to ortho OPD. The photocopies of prescription dated
07.05.2019 is annexed as ANNEXURE-A/1

4. That applicant/accused at present is recognized mental

distress as “DEMENTIA” where applicant/accused is going
treatment under IHBAS Delhi since 04.12.2018 to till now.
And is unsound mind and consequently incapable of
 making his defense due to DEMENTIA, after considering
such medical evidence is already annexed with petition for
record of finding to that effect and shall postpone further
appearance and proceeding of the pending case and
presently petitioner approached and filed under Criminal
Writ Jurisdiction before Hon’ble Delhi High Court for
quashing of this present FIR on the technical ground and
this Writ Petition bearing No. WP (Crl.) No. 1138/2019,
this Writ was admitted and noticed to CBI and called for
status report and Reply, this writ is again listing on
25.07.2019. Therefore, this Hon’ble Court considers on
the present situation and proceeds accordance of law. The
photocopies of IHBAS, Delhi medical prescription and
order dated 22.04.2019 of the Hon’ble Delhi High Courts
is annexed as ANNEXURE-A/2 & A/3

PRAYER
In view of above circumstances this Hon’ble court may allow
this application U/s. 205 Cr.P.C for the permanent
exemption from personal appearance through his counsels
from 08.05.2019 and further more in the above case for the
applicant/accused S.P. Saxena and passed order
accordingly.

APPLICANT/ACCUSED
(S.P. Saxena)

Through:
VISHAL SINHA AND ASSOCIATES
Advocates for Accused/Petitioner
Off:341, Vasrdhman J.P.Plaza,
Plot No.8, Sector-4, Market, Dwarka,
New Delhi-110075
Date: 08.05.2019
Place: New Delhi