Mahesh Kumar Kejriwal And ANR v. State Of Punjab And ANR

CRM-M-11552-2022

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-11552-2022 Date of decision: 23.03.2022 Mahesh Kumar Kejriwal & another

...Petitioner (s)

Versus

State of Punjab & another

...Respondent(s)

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. Anshul Mangla, Advocate for the petitioner(s).

Mr. H.S. Sitta, AAG, Punjab.

(Through Video Conferencing) **** ANOOP CHITKARA, J.

1.

Aggrieved from the order dated 18.02.022 (Annexure P1) passed by Judicial Magistrate Ist Class, Nabha, Patiala, the petitioners have come up before this Court under Section 482 CrPC.

2.

The impugned order dated 18.02.022 (Annexure P1) reads as under:- "Sh. Yogesh Puri, Adv. filed power of attorney on behalf of complainant. Bailable warrants issued to accused not received back. To expedite the process, accused be summoned through non-bailable warrants for 24.3.2022." 3.

A bare perusal of the impugned order reveals that learned Magistrate without waiting for the service of bailable warrants has issued non-bailable warrants against the petitioners-accused.

4.

Accordingly, the petition is allowed to the extent that the petitioners shall appear before the trial court on the next date of hearing i.e. 24.03.2022 and in case for any justifiable reason they are not able to appear tomorrow, then the petitioners shall appear on next date of hearing or within thirty days from today, whichever is earlier. If the petitioners fail to appear within the stipulated time, this order shall stand recalled automatically under section 482 read with 362 CrPC, without further reference to this court.

ASHWANI KUMAR 2022.03.23 15:56 I attest to the accuracy and integrity of this document

CRM-M-11552-2022

5. Any observation made hereinabove is neither an expression of opinion on the merits of the case nor shall the trial Court advert to these comments. 6.

There would be no need for a certified copy of this order, and any Advocate for the Petitioners can download this order along with case status from the official web page of this Court and attest it to be a true copy. In case the ld. trial court wants to verify the authenticity, it can also verify its authenticity and may download and use the downloaded copy for its record.

Petition allowed in aforesaid to the extent mentioned above. All pending applications, if any, stand disposed.

(ANOOP CHITKARA) JUDGE March 22, 2022 AK Whether speaking/reasoned:

Yes Whether reportable:

No.

ASHWANI KUMAR 2022.03.23 15:56 I attest to the accuracy and integrity of this document