ANIL KUMAR BUDHIRAJA Vs. STATE OF H.P.

JUDGEMENT

(1.) 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, Sec. 304B, 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 perse 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.