IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CrMMO No.508 of 2026 Date of Decision: 22.5.2026 _____________________________________________________________________ Sh. Atul Sen ……...Petitioner Versus State of Himachal Pradesh and Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Ms. Rita Goswami, Senior Advocate with Ms. Komal Chaudhary and Ms. Rekha thakur, Advocates. For the Respondents: Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocates General and Mr. Ravi Chauhan & Mr. Anish Banshtu, Deputy Advocates General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Petitioner herein, who is aggrieved of orders dated 28.6.2024 and 9.3.2026, whereby he has been declared as Proclaimed Offender with further direction to the police to cause his presence in the court concerned, has approached this Court in the instant proceedings filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying therein to set-aside afore orders and grant one opportunity to cause his presence in the court below. 2 2. Having regard to nature of dispute and order proposed to be passed in the instant proceedings, this Court sees no justification to issue notice to respondent No.2, who in that event, would be unnecessarily compelled to engage a lawyer to defend him in the instant proceedings, which could be disposed of on the basis of material available on record. 3. Though prima-facie, this Court is of the view of that present petition is not maintainable, for the reason that issue with regard to withdrawal of proclamation can only be decided by that court, which has issued proclamation, however having taken note of the fact that petitioner is ready and willing to cause his presence before the court below on the date fixed by this court, this court without going into the merits of the case, deems it fit to dispose of the same with a direction to the petitioner to remain present before the court below on 2.6.2026 and till then, orders dated 28.6.2024 and 9.3.2026 as far as directions have been issued to SHO to cause presence of the petitioner, shall remain stayed, but in case petitioner fails to put in appearance on the afore date, SHO of the Police Station concerned would be at liberty to do the needful in terms of order dated 28.6.2024/9.3.2026. Ordered accordingly. Ordered accordingly. Needless to say, appropriate orders qua proclamation as well as discharge of NBWs shall be considered by the court below in accordance with law. 3 4. In view of the above, present petition is disposed of along with pending applications, if any. May 22, 2026 (Sandeep Sharma), (manjit) Judge