New Delhi

The Rouse Avenue court on Tuesday issued a second non-bailable warrant (NBW) against gangster Kapil Sangwan alias Nandu in a case registered under the Maharashtra Control of Organised Crime Act (MCOCA).

Delhi Police had requested the court to issue an NBW against Nandu as required in the Bharatiya Nyaya Sanhita (BNS) to conduct trial against him in absentia. Former AAP MLA Naresh Balyan is also an accused in the case.

Special Judge (MP/MLA) Vishal Gogne of the Rouse Avenue Court issued the second NBW against Sangwan, who is absconding and is alleged to be operating an organised crime syndicate from abroad. The matter has been listed for compliance on July 9.

The court is likely to hear arguments on the framing of charges from July 20.

Delhi Police had sought issuance of the warrant, submitting that Sangwan remains untraceable and that proceedings for trial in absentia under Section 356 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) are required to be initiated.

Special Public Prosecutor Akhand Pratap Singh, along with advocate Samridhi Dobhal, appeared for Delhi Police and informed the court that Sangwan had not been apprehended despite efforts by the investigating agency.

The court noted that the charge sheet contains a prayer seeking trial of Sangwan in absentia under Section 356 of the BNSS.

Referring to the provisions of the BNSS, the court observed that before commencing a trial in absentia under Section 356(1), certain procedural requirements under Section 356(2) must be fulfilled.

One of the key requirements is the issuance of two consecutive warrants of arrest against the accused at an interval of at least 30 days.

On June 3, the court had issued the first non-bailable warrant against Sangwan. With the issuance of the second NBW on Tuesday, the statutory requirement under Section 356(2) has been complied with.

The court has also directed the prosecution to comply with other requirements relating to trial in absentia and file a compliance report.

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"The Investigating Officer shall provide details of any relative or friend of the accused to whom information regarding the commencement of trial may be communicated," the court said.

The matter is now scheduled for further proceedings on July 9.