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2018 DIGILAW 1692 (HP)

Anil Kumar Budhiraja v. State of H. P.

2018-09-18

SURESHWAR THAKUR

body2018
JUDGMENT : Sureshwar Thakur, J. The instant petition is directed, against, the orders pronounced, on, 28.8.2018, by the learned Chief Judicial Magistrate, Solan, in, Case No. 272/3 of 2016, whereunder the petitioners’ application for seeking exemption, from his personal appearance, stood rejected, and, also therein, he stood declared, a, proclaimed offender. 2. The reasons’ assigned in the petition, for, the petitioner, not, recording his personal appearance before the learned trial Magistrate concerned, are, (a) anchored upon his address mentioned in the complaint, not, bearing compatibility with his address reflected, alongwith his name, in, the instant petition, whereas, the latter address being his correct address, (b) his suffering judicial custody, in respect of, an offence constituted, under, Section 304-B, of, the Indian Penal Code, (c) wherefrom, a, contention is, reared, that in the NBWs hence remaining unexecuted upon him, rather, the petitioner, not, intentionally avoiding, in, ensuring their execution, upon, him. 3. However, the aforesaid contention is per-se flimsy, as earlier thereto, the petitioner herein had recorded his appearance, before the learned trial Magistrate, (i) despite issuance of a valid proclamation, yet, the petitioner herein omitting, to record his personal appearance before the learned trial magistrate. In aftermath the impugned order does not suffer from any perversity or absurdity, and, hence the impugned order is maintained. 4. Nonetheless, when the petitioner, has, recorded his personal appearance before this Court, and, has rendered a statement on oath, duly reduced into writing and signatured by him, with disclosures therein, qua, his undertaking to record his personal appearance, before the learned trial Magistrate concerned, and, also with a disclosure occurring therein, qua, his thereafter, continuously recording his personal appearance, there before, unless, severe personal constraints, rather preclude him, to, make his personal appearance there before. Consequently, hence in the interest of justice, this Court, is constrained, to, direct the petitioner to record his personal appearance, before the learned trial Magistrate, on 28.9.2018. Also, in the interest of justice, the learned trial Magistrate concerned, is, directed, to, upto then not direct, for, issuance of any coercive process, for, ensuring the personal appearance of the petitioner, before her. In view of above, the present petition stands disposed of, so also pending applications, if any. The parties are directed to appear before the learned Magistrate concerned, on 28.9.2018. In view of above, the present petition stands disposed of, so also pending applications, if any. The parties are directed to appear before the learned Magistrate concerned, on 28.9.2018. However, liberty reserved to the learned Magistrate concerned, to, upon the petitioner’ breaching, the, undertaking furnished, before this Court, to, hence thereafter proceed, in accordance with law, against him.