(1.) 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 dtd. 12/12/2022, in case F.I.R. No. 189/2014, under Sec. 336 of the Indian Penal Code.
(2.) 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.
(3.) 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.