Subhash v. State Of Haryana

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-12198-2022 Reserved on :23.03.2022 Pronounced on : 30.03.2022 Subhash ......Petitioner Vs.

State of Haryana and others ......Respondents CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Bhisham Kumar Majoka, Advocate for the petitioner. Mr. Manish Bansal, DAG, Haryana.

*** ANOOP CHITKARA J.

FIR No.

Dated Police Station Sections 31.07.2022 Badshahpur, District 147, 148, 149, 323, 325, 341, 342 & Gurugram 427 IPC (Sections 364, 186 & 353 IPC added later on) 19.02.2021 Shivaji Nagar, Gurugram, 174-A IPC District Gurugram Seeking quashing of proclamation order Annexure P-3, the accused has come up before this court under Section 482 CrPC.

2.

I have heard learned counsel for the parties and gone through the pleadings. 3.

The petitioner seeks to quash the FIR (s) by stating in paragraph 4 that he did not know he is being arraigned as an accused. Ld. counsel submitted that this court had granted bail to the petitioner under section 438 CrPC after considering the absence of knowledge. 4.

The stand taken by the petitioner was justiciable for the purpose of bail; however, the same stand is not at all justiciable to seek quashing of the proclamation order and subsequent proceedings. The stand taken by the accused qua absence of knowledge needs evidence with an opportunity to the State to test the credibility of such evidence. Thus, the petitioner fails to make out a case.

Petition dismissed. All pending applications, if any, stand closed. (ANOOP CHITKARA) JUDGE 30.03.2022/anju rani Whether speaking/reasoned:

Yes Whether reportable:

No.

ANJU RANI 2022.03.30 17:19 I attest to the accuracy and integrity of this document HIGH COURT CHANDIGARH