Remanded

Manjit Singh v. Puran Chand and Anr.

Himachal Pradesh HC2 Jan 2023CRMMO/1298/2022

Case brief

AI extract

What is this about?

The High Court of Himachal Pradesh, under Section 482 Cr.PC, set aside orders declaring the petitioner a proclaimed offender. It granted a final opportunity to the petitioner to appear before the lower court on 20.1.2023 before coercive measures are revived.

What did the court decide?

Impugned orders dated 7.9.2022 and 28.11.2022 quashed; petitioner granted one last opportunity to appear before the court below on 20.1.2023.

Manjit Singh Vs Puran Chand and Anr. — Himachal Pradesh HC (2023) — LawSathi Research

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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Cr.MMO No.1298 of 2022 Date of Decision: 2.1.2023

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Manjit Singh Puran Chand and Anr.

Versus

……...Petitioner

…....Respondents

Coram

Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting?

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For the Petitioner: Mr. Mukul Sood, Advocate.

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For the Respondents: Mr. Rajan Kahol and Mr. B.C. Verma, Additional Advocates General, for the State.

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Sandeep Sharma, J. (Oral)

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Being aggrieved and dissatisfied with orders dated 7.9.2022 and 28.11.2022, passed by the JMFC-III, Amb, Una in case No. RBT/487-I21/12 (319-I-12), petitioner has approached this Court in the instant proceedings filed under Section 482 Cr.PC, praying therein to set-aside aforesaid orders and grant one opportunity to cause his presence before the court below.

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2. Having regard to the nature of the order proposed to be passed in the instant proceedings, this court sees no necessity to issue notice to

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respondent No.1 because in the event of notices being issued to respondent No.1, he would be unnecessarily compelled to engage lawyer to defend him in the case, which can be otherwise disposed of on the basis of material already available on record.

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3. Having perused impugned orders dated 7.9.2022 and 28.11.2022, though this court finds no illegality and infirmity in the same because since petitioner despite repeated opportunity failed to put in appearance, court below had no option but to issue proclamation and declared petitioner as proclaimed offender, but by way of indulgence and as a last opportunity, deems it fit to grant one last opportunity to the petitioner to cause his presence before the court below.

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4. Consequently, in view of the above, orders dated 7.9.2022 and 28.11.2022 are quashed and set-aside subject to condition that petitioner would remain present before the court below on 20.1.2023, enabling it to pass appropriate orders in the matter. Till then, no coercive method shall be adopted to ensure presence of the petitioner in terms of orders dated 7.9.2022 and 28.11.2022. However, it is made clear that in case petitioner fails to remain present in the court below on 20.1.2023, orders dated 7.9.2022 and 28.11.2022, shall automatically revive and police would be at liberty to cause his presence before the court below on the fresh date, if

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any, fixed by the court below. In the aforesaid terms, present petition is disposed of alongwith pending applications if any.

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January 02, 2023 (Sandeep Sharma), (manjit) Judge

Manjit Singh v. Puran Chand and Anr.

Case brief

What is this about?

What did the court decide?

Manjit Singh v. Puran Chand and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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