Shyam Lal vs State Of Himachal Pradesh

Sushil Kukreja, J

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 Penal Code.

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

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.

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.

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.

Therefore, in view of the facts and circumstances 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.

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learned trial Court within the aforesaid period, the interim protection granted by this Court shall automatically stand withdrawn, without any further reference to the Court.

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