High Court of Punjab and HaryanaCRM-M/3030/2021disposed of

Sanjeev Kumar @ Happy v. State Of Punjab And ANR

2023-09-20Mrs. Justice Manjari Nehru Kaul2 pages

CRM-M-3030-2021 -12023:PHHC:124115

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-3030-2021 Decided on : 20.09.2023 Sanjeev Kumar @ Happy ...... Petitioner

Versus

State of Punjab ...... Respondent CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Ms. Komal Balain, Advocate for the petitioner.

Mr. Pankaj Khullar, AAG, Punjab.

Ms. Himani Kapila, Advocate for the complainant.

**** Manjari Nehru Kaul, J.(Oral) 1.

Instant petition has been filed under Section 482 Cr.PC for quashing of the order dated 17.07.2019 (Annexure P-2) passed by JMIC, Amritsar vide which the petitioner was declared as a Proclaimed Offender. 2.

Learned counsel for the petitioner submits that statutory provisions under Section 82 Cr.PC were not followed before passing the impugned order. Learned counsel still further submits that the petitioner is ready to appear and surrender and thereafter join proceedings before the trial Court. 3.

While drawing the attention of this Court to para 9 of the reply filed, learned counsel for the State has opposed the prayer made by the counsel opposite. Learned State counsel submits that vide order dated 08.03.2021, this Court had directed the petitioner to surrender before the trial Court and apply for SONIA BURA 2023.09.21 16:14 I attest to the accuracy and integrity of this document

CRM-M-3030-2021 -22023:PHHC:124115 regular bail, however, the petitioner failed to comply with the said order and had instead absconded.

Heard learned counsel for the parties and perused the relevant material available on record.

In view of the submissions made above, the petition is disposed of with directions to the petitioner to appear and surrender before the trial Court on or before 25.09.2023 and move appropriate application for grant of bail. Till then, no coercive steps be taken against the petitioner. The trial Court on such application being moved shall decide it expeditiously in accordance with law. It is, however, made clear that in case the petitioner fails to appear and surrender before the Court below within the above stipulated time period, then this order shall be of no avail to him, thereafter.

20.09.2023 (MANJARI NEHRU KAUL) sonia JUDGE Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2023.09.21 16:14 I attest to the accuracy and integrity of this document