TEJ RAJ Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner has filed the present petition for setting aside the order dtd. 27/10/2025, passed by the learned Judicial Magistrate First Class, Karsog, District Mandi, H.P. (learned Trial Court). It has been asserted that the petitioner was arrayed as an accused in a complaint pending before the learned Trial Court. The petitioner could not appear before the learned Trial Court due to unavoidable circumstances. Learned Trial Court issued a proclamation directing the appearance of the petitioner on 2/1/2026. The petitioner was attending the Court till 2/2/2024. He suffered chest pain and could not appear before the Court. The date of the hearing was not communicated to him by his counsel. The petitioner visited Netaji Subhash Chander Bose, Zonal Hospital, Mandi, District Mandi, H.P. and was informed that he was suffering fr m Tuberculosis. The petitioner suffered a fracture of his left arm and could not visit the Court. The Court issued the proclamation requiring the presence of the petitioner. Hence, the petition.

(2.) I have heard Mr R.L. Vemra, learned counsel for the petitioner and Mr Jitender K. Sharma, learned Additional Advocate General, for t e respondent/State.

(3.) Mr R.L. Verma, learned counsel for the petitioner, subm tted that the petitioner could not appear before the learned Trial Court due to the circumstances beyond his control. He is ready and willing to appear before the learned Trial Court on each and every date of hearing. Hence, he prayed that the present petition be allowed and the order passed by the learned Trial Court be set aside. He relied upon the judgment passed by Coordinate Bench of this Court in Arun Ran vs. M/s Shiva Electrical Industries and another 2024: HHC:9761 in support of his submission.