GAUTAM GOEL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant petition has been maintained by the petitioner under Section 482 Cr.P.C. for exempting him from personal appearance in the trial, which is pending before the Court of learned Judicial Magistrate 1st Class Paonta Sahib, District Sirmaur, H.P., in case titled as State of H.P. vs. Gaurav Goel and others, wherein the petitioner has been arrayed as accused No. 2 and the case is fixed for 24.09.2021.

(2.) Learned counsel for the petitioner submits that as the Court of Judicial Magistrate 1st Class, Paonta Sahib, is being manned by learned Judicial Magistrate 2nd Class, he moved an application before the learned Additional Chief Judicial Magistrate, Paonta Sahib, but the same was dismissed for want of jurisdiction. He has further argued that as the petitioner has to join his duties in Merchant Navy and there was paucity of time, he has moved the instant petition under Section 482 Cr.P.C. He submits that the matter is of urgent nature and orders are required to be passed in a day or so, otherwise the petitioner is likely to lose his job.

(3.) This Court finds that the exemption from appearance whether to be granted or not to an accused is to be considered by the Court having the jurisdiction and as the Court is presided over by learned Judicial Magistrate 2nd Class, Paonta Sahib, in these peculiar circumstances of the case, the jurisdiction can be exercised by the Court of learned Chief Judicial Magistrate, Nahan.