High Court of Punjab and HaryanaCRM-M/4637/2020allowed

Aarastoon And ORS v. State Of Haryana

2020-02-03Ms. Justice Jaishree Thakur2 pages

CRM-M No.4637 of 2020 -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.4637 of 2020 Date of Decision.03.02.2020 Aarastoon and others

...Petitioners

Vs State of Haryana

...Respondent

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. P.L. Verma, Advocate for the petitioners.

-.- JAISHREE THAKUR J. (ORAL) This is a petition that has been filed for setting aside the order dated 20.02.2019 passed by the Judicial Magistrate 1st Class, Mewat whereby the petitioners herein have been declared as Proclaimed Persons pursuance to the proceedings that had been initiated under Section 82 Cr.P.C.

Learned counsel appearing for the petitioners herein contends that they had put in an appearance before the Investigating Officer, who did not arrest them on the spot and they had participated in the investigation. It is contended that after the appearance before the Investigating Officer, they were never informed that challan would be presented against them. It is further contended that they are ready to face trial and the order declaring them as Proclaimed Persons ought to be set aside. Notice of motion.

On the asking of the Court, Ms. Mahima Yashpal, AAG, Haryana, who is present in Court accepts notice on behalf of the respondentState. I have heard learned counsel for the petitioner and have perused PANKAJ KUMAR 2020.02.05 16:57 I attest to the accuracy and integrity of this document

CRM-M No.4637 of 2020 -2the paper book with his assistance. On the assurance given by the counsel for the petitioners herein that they will put in appearance before the trial Court on the date already fixed, this Court deems it appropriate to set aside the order dated 20.02.2019 declaring the petitioners as proclaimed persons. In case they move an application for bail before the trial Court, the same shall be decided expeditiously in accordance with law. In case of failure of the petitioners to appear before the trial Court on the aforesaid date, the interim relief granted herein would stand withdrawn and the petition shall stand dismissed.

The crl. petition is disposed of in above terms. (JAISHREE THAKUR) JUDGE February 03, 2020 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2020.02.05 16:57 I attest to the accuracy and integrity of this document