Himachal Pradesh High Court
State Of H.P. vs . Cr. Premi @ Chhape Ram on 25 March, 2022
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
State of H.P. vs. CR. Premi @ Chhape Ram Cr. Appeal No.113 of 2021 .
25.03.2022 Present: Mr.Ashok Sharma, Advocate General, with Mr.Vikas Rathore, Additional Advocate General, for the appellant.
Mr.Devashish, Advocate vice Mr. Ravi Tanta, Advocate, for respondents No.2 to 5.
Mr.Bhairav Gupta, Advocate, for respondent No.6. Cr.M.P No.649 of 2022 This Court on 7th March, 2022 while taking note of the fact that despite execution of bailable warrants on respondent No.2 for appearance before this Court on 04.09.2021, neither the said respondent appeared nor he instructed any counsel to appear on his behalf, issued non-bailable warrants against the said respondent for securing his presence on 06.04.2022.
Now present application has been filed for recalling the aforesaid non-bailable warrants issued against respondent No.2. It is contended that the applicant had engaged Mr. Ravi Tanta, learned counsel and that he has also filed memo of appearance. In the body of memo of appearance, mention of respondents No.2 to 5 was made, but, at the bottom of the memo due to inadvertence, mention of respondents No.3 to 5 was made. The vice counsel, who appeared before the Additional Registrar, did not mark his presence for respondent No.2 and this happened due to inadvertent mistake on his part. It is further contended that respondent No.2 is 92 years old and is confined to bed and therefore, it would cause huge ::: Downloaded on - 26/03/2022 20:11:21 :::CIS inconvenience and discomfort to him if he is arrested and brought to the Court.
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Having regard to the aforementioned submissions, the application is allowed. Non-bailable warrants issued for securing the presence of respondent No.2 before this Court on 06.04.2022 is ordered to be withdrawn.
r to ( Mohammad Rafiq )
Chief Justice
( Jyotsna Rewal Dua )
Judge
March 25, 2022
(vt)
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