RAKESH CHAUHAN Vs. STATE OF H. P.

JUDGEMENT

(1.) The instant petition, has been filed under Sec. 482 of the Code of Criminal Procedure [referred to as Cr.P.C.] against the orders dtd. 30/11/2023 [Annexure-A] and 8/2/2024 [Annexure-B] [referred to as the Impugned Orders] passed by the Learned Additional Chief Judicial Magistrate, Court No.III, Shimla, in Criminal Case No.598 of 2019, titled as State Versus Rakesh Chauhan registered under Ss. 279, 337 and 338 of the Indian Penal Code in FIR No.69 of 2019 registered at Police Station, Shimla [East].

(2.) The background facts of the case are that on the basis of FIR No.69 of 2019, referred to above, the investigation was undertaken by the Police and consequent upon the presentation of the police report/challan, the proceedings i.e. Criminal Case No.598 of 2019, were initiated before the Learned Judicial Magistrate, 1stClass, Court No.3, Shimla. It is submitted that on issuance of process, the petitioner appeared before the Learned Judicial Magistrate, First Class, Court No.3, Shimla, from time to time but, the matter was then transferred to the Learned Judicial Magistrate, First Class, Court No.5, Shimla on 26/7/2023.

(3.) Records reveal that on 4/9/2023, the case [Criminal Case No.598 of 2019] was transferred from the Court of Learned Judicial Magistrate, First Class, Court No.5, Shimla to the Court of Learned Additional Judicial Magistrate, Court No.3, Shimla [referred to as the Trial Court, for this petition], by way of transfer. The Learned Trial Court, Additional Chief Judicial Magistrate, Court No.3, Shimla, issued notice to the petitioner-accused as well as his counsel on 7/10/2023. On 7/10/2023, the Presiding Judge was not present/was on leave and the matter was listed for 30/11/2023. Even on 30/11/2023 [Annexure-A] since the notice of appearance was not served, therefore, there was no occasion for the petitioner- accused to appear and ignoring these facts, the NBWs were issued for 17/1/2024.