Disposed

Shyam Lal v. State of Hp

Himachal Pradesh HC3 Apr 2023CRMMO/251/2023

Case brief

AI extract

What is this about?

The High Court of Himachal Pradesh disposed of a petition seeking quashing of an arrest warrant under Section 336 IPC. The petitioner undertook to appear in the trial court within five days. The court granted interim protection from arrest for five days, directing the petitioner to move for recall of the warrant to the trial court, warning that failing which protection would be withdrawn and arres

What did the court decide?

Petition disposed; petitioner granted interim protection from arrest for 5 days to move for recall of arrest warrant to trial court; failure to comply will withdraw protection.

Shyam Lal Vs State of Hp — Bail and Remand | Himachal Pradesh HC (2023)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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Cr. MMO No. 251 of 2023 Date of Decision: 03.04.2023 _________________________________________________ Shyam Lal ....Petitioner Versus State of Himachal Pradesh …Respondent ________________________________________________ Coram_

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Hon’ble Mr. Justice Sushil Kukreja, Judge

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Whether approved for reporting?¹

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________________________________________________ For the petitioner : Mr. R.S. Chandel, Advocate. For the respondent : Mr. B.N. Sharma, Additional Advocate General with Mr. R.P. Singh and Ms. Avni Kochhar Mehta, Deputy Advocates General. ________________________________________________

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Sushil Kukreja, Judge (Oral)

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By way of instant petition, a prayer has been made to quash and set aside the warrant of arrest, issued by the Court of learned Additional Chief Judicial Magistrate, Theog, District Shimla, H.P., vide order dated 12.12.2022, in case F.I.R. No. 189/2014, under Section 336 of the Indian

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Penal Code.

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1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.

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Mr. R.S. Chandel, learned counsel for the

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petitioner, undertakes that the petitioner will appear before the Court below within a period of five days, but submitted that during this period, he may not be arrested.

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Mr. B.N. Sharma, learned Additional Advocate General, states that in case, the petitioner moves an appropriate application before the Court below seeking therein recall of warrant of arrest issued by the learned trial Court within a period of five days, he will not be arrested by the police.

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I have heard the learned counsel for the petitioner as well as the learned Additional Advocate General and also gone through the material available on record.

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The petitioner has undertaken to appear before the learned trial Court on each and every date of hearing and also that he shall abide by all terms and conditions so imposed by this Court, in case interim protection is granted to him.

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Therefore, in view of the facts and circumstances

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of the case, the present petition is disposed of with a direction to the petitioner to move appropriate application, seeking therein recall of warrant of arrest issued by the learned trial Court, within a period of five days, failing which, the police shall be at liberty to arrest him in terms of order passed by the learned trial Court. However, it is clarified that petitioner shall not be arrested by the police for a period of five days i.e. upto 08.04.2023.

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It is also made clear that in case the petitioner fails to move the appropriate application, as stated above, before the learned trial Court within the aforesaid period, the interim protection granted by this Court shall automatically stand withdrawn, without any further reference to the Court.

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The petition stands disposed of in above terms, so also the pending miscellaneous application(s), if any.

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( Sushil Kukreja ) April 03, 2023 Judge (raman)

Shyam Lal v. State of Hp

Case brief

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Shyam Lal v. State of Hp

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