IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No. 261 of 2011 B.R. Arya ……… Applicant. Versus State of Uttarakhand ……… Respondent. Ms. Pushpa Joshi, Advocate for the applicant. Mr. P.S. Bohra, Brief Holder for the State / respondent. Date of Order: 07.04.2011 BARIN GHOSH, CHIEF JUSTICE In a show cause notice, issued under Section 350 of the Criminal Procedure Code, it was alleged that the applicant without just excuse, neglected or refused to attend the Court of Sessions Judge, Almora on 18th February, 2011. Applicant responded to the said show cause notice in writing, while he contended that he had received no summons or intimation from the Sessions Court, Almora or from any other quarter, asking him to appear at the Sessions Court on the said date. After considering such response of the applicant, by the order impugned in the application, applicant has been punished by imposing penalty of Rs. 25. While, however, doing so, Sessions Judge has not recorded in the order that in fact on 18th February, 2011, applicant was summoned to appear before the Sessions Judge, Almora and that, such summon was duly served upon him. On that ground alone, the order impugned is liable and should be set aside. The same is, accordingly, set aside. 2. The application is, accordingly, disposed of. (Barin Ghosh, C.J.) 07.04.2011 Amit