IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CrMMO No.659 of 2026 Date of Decision: 29.6.2026 _____________________________________________________________________ Man Singh ……...Petitioner Versus State of Himachal Pradesh and Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Rajeev Sharma and Mr. Sanjay Verma, Advocates. For the Respondent: Mr. Rajan Kahol, Additional Advocate General and Mr. Ravi Chauhan & Mr. Anish Banshtu, Deputy Advocates General, for the State. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Petitioner herein, who is accused in proceedings under Section 138 of the Negotiable Instruments Act, initiated at the behest of respondent No.3 is aggrieved of order dated 18.3.2024, passed by the learned Chief Judicial Magistrate Lahaul Spiti (Camp at Kullu), wherein petitioner came to be declared as Proclaimed Offender. 2. Mr. Anish Banshtu, learned Deputy Advocate General, has put in appearance on behalf of respondents No. 1 & 2. He fairly states that he does not intend to file reply and as such, this court may pass appropriate orders. 3. Having regard to the nature of order proposed to be passed, this Court sees no necessity to issue notice to respondent No.3, who in the 2 event of notice being issued, would be unnecessarily compelled to engage a lawyer in the present petition, which can be otherwise disposed of on the basis of pleadings and material available on record. 4. Though this Court is fully convinced and satisfied that present petition is not maintainable, rather appropriate remedy, if any, for the petitioner is to approach the Court, which had issued Proclamation, however having taken note of the fact that petitioner is ready and willing to appear before the court responsible for issuing proclamation for 6.7.2026, this court without going into the merits of the case, deems it fit to dispose of the same with direction to the petitioner to remain present before the court concerned on 6.7.2026, but till then, he shall not be arrested by police in compliance of order dated 18.3.2024, which till then, shall remain in abeyance. Ordered accordingly. In case, petitioner fails to put in appearance on the date fixed by this Court, order dated 8.3.2024, shall automatically revive and the police would be at liberty to take appropriate action in accordance with law. It is clarified that while passing instant order, this Court has not commented upon the merits of the case, rather issue of withdrawal of proclamation, if any, shall be decided by the competent court of law in totality of facts and circumstances. In the aforesaid terms, present petition is disposed of along with pending applications, if any. June 29, 2026 (Sandeep Sharma), (manjit) Judge