Alok Kumar Verma, J
1. An affidavit, filed by the applicant today, is taken on record.
2. In compliance with the order of this Court, passed on 06.08.2024, in Criminal Miscellaneous Application No. 196 of 2024, the discharge application of the applicant-accused Vivek Sharma was decided by the trial court on 08.08.2024. After deciding the said application, the applicant was directed to appear in-person to frame charges under Sections 420, 466, 467, 468, 471 and Section 120B of the Indian Penal Code, 1860. The applicant filed an application on 09.08.2024 to dispense with his personal attendance on the ground of his illness. The said application has been dismissed vide impugned order dated 09.08.2024, passed by learned Judicial Magistrate/Senior Civil Judge, Champawat in Criminal Case No. 153 of 2023, “State vs. Gopal Singh Rana and Others”. Hence, the present Application has been filed under Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023 (in short, “Sanhita”).
3. Heard Mr. Sanpreet Singh Ajmani (through video conferencing), learned counsel for applicant and Mr. V.K. Jemini, learned Deputy Advocate General assisted by Mr. Rakesh Negi, learned Brief Holder for State.
4. It is submitted by Mr. Sanpreet Singh Ajmani, Advocate that the applicant Vivek Sharma undertakes that he will appear before the trial court for framing of charges on the date fixed by the trial court. The Trial Court has fixed the date for framing of charges on 13.09.2024.
5. The applicant Vivek Sharma has filed his own affidavit today in support of the said undertaking.
6. Mr. Sanpreet Singh Ajmani, Advocate, has requested to decide the present Application, filed under Section 528 of the Sanhita in the light of the undertaking of the applicant.
7. The said request has not been opposed by Mr. V.K. Jemini, learned Deputy Advocate General for the State.
8. Disposing of the present Application, filed under Section 528 of the Sanhita, with the consent of both the parties, the applicant-Vivek Sharma is directed to appear personally before the trial court on 13.09.2024 for framing of charges.
9. The non-bailable warrant and process, issued under Section 82 of the Code of Criminal Procedure, 1973 by the trial court against the applicant, are cancelled.
10. It is clarified here that if the applicant Vivek Sharma does not appear personally for framing of charges on 13.09.2024 before the trial court, the Trial Court will be free to proceed against the applicant in accordance with law.
