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RANJAN SHARMA
Rakesh Chauhan – Appellant
Versus
State of H. P. – Respondent
JUDGMENT :
Ranjan Sharma, J.
The instant petition, has been filed under Section 482 of the Code of Criminal Procedure [referred to as Cr.P.C.] against the orders dated 30.11.2023 [Annexure -A] and 08.02.2024 [Annexure-B] [referred to as the Impugned Orders] passed by the Learned Additional Chief Judicial Magistrate, Court No.III, Shimla, in Criminal Case No.598 of 2019, titled as State Versus Rakesh Chauhan registered under Sections 279, 337 and 338 of the Indian Penal Code in FIR No.69 of 2019 registered at Police Station, Shimla [East].
2. The background facts of the case are that on the basis of FIR No.69 of 2019, referred to above, the investigation was undertaken by the Police and consequent upon the presentation of the police report/challan, the proceedings i.e. Criminal Case No.598 of 2019, were initiated before the Learned Judicial Magistrate, 1st Class, Court No.3, Shimla.
It is submitted that on issuance of process, the petitioner appeared before the Learned Judicial Magistrate, First Class, Court No.3, Shimla, from time to time but, the matter was then transferred to the Learned Judicial Magistrate, First Class, Court No.5, Shimla on 26th July, 2023.
3. Records reveal that on
The central legal point established in the judgment is the importance of complying with the requirements of Section 82 of the Code of Criminal Procedure, particularly in ensuring the presence of the ....
The central legal point established is that orders under Section 82 and 83 of the Code of Criminal Procedure must be supported by proper reasoning, satisfaction, and compliance with mandatory require....
Proclamation issued under Section 82 of the Code of Criminal Procedure must meet legal requirements, including recording satisfaction of the accused's status and fixing time and place for appearance.
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