Himachal Pradesh High Court
Mukesh Saini vs State Of Hp on 20 April, 2024
Author: Sushil Kukreja
Bench: Sushil Kukreja
Mukesh Saini Vs State of HP
Cr.MP(M) No.503 of 2024
.
20.04.2024 Present: Mr. Ashwani Dhiman, Advocate, for the
petitioner.
Mr. Navlesh Verma, Additional Advocate
General, for the respondent.
Mr. Suresh Kumar, Drugs Inspector, HQ, Baddi, District Solan, HP present in person alongwith the record.
Fresh status report filed. Alongwith the status report, copy of order dated 05.04.2024 passed by the learned JMFC, Court No.2, Nalagarh, HP has been appended. It has been mentioned in the status report in para 39, which reads as under"-
"That on dated 05.04.2024 an application for issuing production warrant u/s 267 Cr.PC, 1973 to Superintendent jail, District Jail Kaithu, Shimla for production of the accused Mukesh Saini was moved before learned court of Judicial Magistrate First Class Nalagarh, Distt. Solan (HP). That the learned lower court has passed their order dated 05.04.2024 in which it was stated that judicial propriety requires that when the same matter is pending before the High Court of HP, this court should not pass the order in such sort of application at this stage and listed the application for consideration on 20.04.2024. The orders of Ld. Judicial Magistrate, first Class are attached as (Annexure-1)."
It is not clear either from the status report or from order dated 05.04.2024, passed by the learned JMFC, Court No.2, Nalagarh as to what was the exact prayer made by the prosecution in the application filed under Section 267 of Cr.P.C. The prosecution has also failed to produce on record copy of the application filed under Section 267, Cr.P.C. before the learned JMFC, Court No.2, Nalagarh. Hence, this Court is not satisfied ::: Downloaded on - 20/04/2024 20:35:11 :::CIS with the status report filed by the Drugs Inspector, HQ .
Baddi, HP.
Therefore, in this view of the matter, the State Drugs Controller, Baddi, District Solan, H.P. is directed to remain present in person before this Court on the next date of hearing, List on 26.04.2024, on which prosecution is also directed to place on record copy of the r date, the application filed under Section 267, Cr.P.C. before the learned JMFC, Court No.2, Nalagarh.
At this stage, learned counsel for the petitioner states that the petitioner is suffering from back-bone ailment and he prays that the petitioner may be taken to some private hospital/clinic for conducting his MRI at his expenses.
Hence, the Superintendent Jail, District Jail Kaithu, Shimla is directed to send the petitioner to some private hospital/clinic for conducting his MRI, as prayed for, at his expenses under police escort on 22.04.2024.
The Registry is directed to forward a soft copy of this order to the Superintendent Jail, District Jail, Kainthu, Shimla, HP, through e-mail.
( Sushil Kukreja )
April 20, 2024 Judge
(VH)
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