Disposed

Ram Rattan Sharma v. State of Hp and Anr.

Himachal Pradesh HC5 Aug 2022CRMMO/726/2022

Case brief

AI extract

What is this about?

The High Court disposed of a criminal miscellaneous petition challenging the petitioner's declaration as a proclaimed offender. While finding no illegality in the lower court's order, the court granted the petitioner a final opportunity to appear on a fixed date without arrest until then.

What did the court decide?

Petitioner granted one last opportunity to appear before the lower court on 12.8.2022 without arrest; failure to appear permits arrest.

Ram Rattan Sharma Vs State of Hp and Anr. — Criminal Trial and Appeal | Himachal Pradesh HC (2022)

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

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ON THE 4^TH DAY OF AUGUST, 2022

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BEFORE

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HON'BLE MR. JUSTICE SANDEEP SHARMA

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CRIMINAL MISC. PETITION (MAIN) U/S 482 CRPC NO. 726 OF 2022

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Between:-

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RAM RATTAN SHARMA AGED 52 YEARS SON OF SHRI DILWAR RAM, RESIDENT OF VILLAGE & P.O. BIJHARI, TEHSIL BIJHARI, DISTRICT HAMIRPUR, H.P.

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PETITIONER

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(BY MR. R.L. CHAUDHARY AND MR. H.R. SIDHU, ADVOCATES)

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AND

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1. STATE OF HIMACHAL PRADESH

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2. SHRI JAI RAM C/O RAM PAL, RESIDENT OF VILLAGE & P.O. DASLERA, TEHSIL JHANDUTTA, DISTRICT BILASPUR, H.P.

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RESPONDENTS (MR. SUDHIR BHATNAGAR AND MR. NARINDER GULERIA, ADDITIONAL ADVOCATES GENERAL WITH MR. SUNNY DHATWALIA, ASSISTANT ADVOCATE GENERAL, FOR R-1)

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(NEMO FOR R-2)

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Whether approved for reporting:

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This petition coming on for orders this day, the court passed the following:

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O R D E R

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By way of instant petition filed under S.482 CrPC, challenge has been laid to order dated 22.4.2022 passed by Judicial Magistrate First Class Arki, District Solan, in case No. 215/13 titled Jai Ram v. Ram Rattan, whereby petitioner has been declared as proclaimed offender on account of his absence from trial.

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2. Mr. Sunny Datwalia, learned Assistant Advocate General has put in appearance on behalf of respondent-State. He does not intend to file reply.

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3. Having regard to nature of order proposed to be passed in the instant petition, no notice is required to be issued to respondent No.2, who in that event may be unnecessarily compelled to engage lawyer in the present case to defend himself, which otherwise can be disposed of on basis of material already available on record, as such, issuance of notice to respondent No.2 is dispensed with.

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4. Having heard learned counsel for the petitioner and perused material available on record vis-à-vis reasoning assigned in the impugned order, whereby petitioner has been declared as proclaimed offender, this court finds that despite repeated opportunities, petitioner failed to put in appearance before learned Court below and as such, learned Court below was compelled to declare him as a proclaimed offender, as such, no illegality can be said to have been committed by learned Court below.

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5. However,, having taken note of the explanation rendered by the petitioner, for his non-appearance before learned Court below, this Court, without going into the merits of the case, deems it fit to grant one last

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opportunity to the petitioner to appear before learned Court below, enabling it to pass appropriate orders in the matter.

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6. Consequently, in view of the present petition is disposed of with a direction to the petitioner to remain present before court below on 12.8.2022 , on which date, learned court below after having recorded presence of the petitioner, may proceed in accordance with law. However, till then, the petitioner would not be arrested in terms of proclamation order dated 22.4.2022. It is made clear that in case, the petitioner fails to cause his presence before learned court below on the date so fixed, police would be at liberty to arrest him in terms of order dated 22.4.2022 passed by learned Court below.

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7. The petition stands disposed of in the aforesaid terms, alongwith all pending applications.

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(Sandeep Sharma) Judge

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August 4, 2022 (Vikrant)

Ram Rattan Sharma v. State of Hp and Anr.

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Ram Rattan Sharma v. State of Hp and Anr.

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