Date Of Decision: December 30 vs State Of Himachal Pradesh & ...
2022 Latest Caselaw 11819 HP

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          IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

                                    Cr.MMO No.1283 of 2022
                                    Date of Decision: December 30, 2022
    Ram Rattan Sharma                                                       ...Petitioner.




                                                                           .
                                             Versus





    State of Himachal Pradesh & another                                    ..Respondents.
    Coram:





    The Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
    Whether approved for reporting?1
    For the Petitioner:             Mr.R.L. Chaudhary, Advocate.
    For the Respondents:            Mr.Hemant Vaid, Additional Advocate





                                    General, for respondent No.1-State.

                      r             Notice not issued to respondent No.2

    Vivek Singh Thakur, J (oral)

Present petition has been preferred by the petitioner

against the order dated 27.04.2022, passed by the Additional Chief

Judicial Magistrate Ghumarwin, District Bilaspur, H.P., in Complaint

No.143-3 of 2016, titled as Parveen Pajiala vs. Ram Rattan Sharma,

whereby petitioner has been declared as proclaimed offender.

2. For the order proposed to be passed hereinafter, no

notice is required to be issued to respondent No.2.

3. I have gone through the impugned order and the

material placed before me. I do not find any infirmity, illegality or

perversity in the impugned order. Otherwise also, as per provisions

of Code of Criminal Procedure (in short 'Cr.P.C.'), for setting aside

proclamation, petitioner has to approach the Court, which has

declared him proclaimed offender. However, taking a lenient view,

petitioner is permitted to appear before Additional Chief Judicial

Magistrate, Court No.1, Ghumarwin, District Bilaspur, H.P., by

1 Whether reporters of the local papers may be allowed to see the judgment?

submitting and surrendering him to the jurisdiction of the said Court

with an appropriate application for recalling proclamation issued

against him and to join proceedings thereafter, by citing

appropriate reasons for his absence from the Court. Petitioner is

.

directed to approach the aforesaid Court on 13.01.2023 and in case

such application is preferred by the petitioner, Magistrate shall

consider the said application on its own merit, without being

influenced by any observation made in this order.

4. Till 13.01.2023, petitioner shall not be arrested in

furtherance to proclamation issued against him in Complaint

No.143-3 of 2016, titled as Parveen Pajiala vs. Ram Rattan Sharma,

and, thereafter, he shall be governed and abide by further orders

passed by the Magistrate. In case, petitioner fails to approach the

Magistrate on or before 13.01.2023, interim protection granted in

his favour against arrest, shall stand vacated without need of any

reference to this Court and Magistrate and he shall be dealt with in

accordance with law.

5. Petition stands disposed of in aforesaid terms, so also

pending application(s), if any.

(Vivek Singh Thakur), Judge.

December 30, 2022 (Purohit)