Hira Singh And Another vs State Of Himachal Pradesh

Sandeep Sharma, J

Being aggrieved and dissatisfied with order dated. 24.11.2022 passed by learned Special Judge, Shimla, Himachal Pradesh in case State v. Hira Singh, whereby learned Court below ordered service of petitioners herein by way of non-bailable warrants returnable for 30.12.2022, petitioners have approached this court in the instant proceedings filed under S. 482 CrPC, praying therein to set aside the aforesaid order.

Notice. Mr. Sudhir Bhatnagar, learned Additional Advocate General, accepts notice on behalf of the respondent-State. He fairly states that no reply is required to be filed in the instant petition and this court may pass appropriate orders.

Though, having perused the order impugned in the present proceedings, this court finds no illegality in the same, because on account of continuous absence of the accused from trial, court below had no option but to ensure their presence by way of non-bailable warrants, but having taken note of explanation rendered in the instant petition qua non appearance of the petitioners before learned Court below, this court, without going into correctness of the order impugned in the proceedings, deems it fit to grant one last opportunity to the petitioners to remain present before learned Special Judge, Shimla on 30.12.2022.

In view of above, order dated 24.11.2022, inasmuch non-bailable warrants have been issued against the petitioners for 30.12.2022, is quashed and set aside with further direction to the petitioners to remain present before learned court below on 30.12.2022, failing which order dated 24.11.2022 shall revive automatically. The petition stands disposed of in the afore terms, alongwith all pending applications.

Downloaded copy of this order shall suffice for the learned Court below for doing needful in terms of this order. Veracity of this order may be verified from the official website of the court.