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High Court of Punjab and HaryanaCRM-M/12240/2022allowed

Amandeep Kumar v. State Of Punjab

2024-04-26Ms. Justice Harpreet Kaur Jeewan2 pages

CRM-M-12240-2022 (O&M) -1-  

258-1

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-12240-2022 (O&M) Date of Decision: 26.04.2024 AMANDEEP KUMAR ......PETITIONER Vs.

STATE OF PUNJAB AND ANOTHER .........RESPONDENTS

CORAM:

HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN

Present:

Mr. Umesh Aggarwal, Advocate, for the petitioner.



         

  

  ***** HARPREET KAUR JEEWAN J.

1.

Prayer in this petition is for quashing of the order dated 02.11.2019 (Annexure P-4) passed by learned Chief Judicial Magistrate, Amritsar, whereby the petitioner has been declared as a proclaimed person in FIR No.205 dated 21.06.2015, under Sections 341, 323, 365, 148, 149 IPC, at Police Station Civil Lines, Amritsar.

2.

On the last date of hearing, i.e. 09.04.2024, the petitioner was directed to appear before the trial Court. The relevant part of the order reads as under:- xxxx xxxx xxxx xxxx "Learned counsel for the petitioner inter alia contends that the petitioner was declared proclaimed offender by the Chief Judicial Magistrate, Amritsar vide order dated 02.11.2019 in FIR No.205 dated 21.06.2015 registered under Nitin 2024.05.01 15:56 I attest to the accuracy and integrity of this document

CRM-M-12240-2022 (O&M) -2-  

Sections 341, 323, 365, 148, 149 IPC at Police Station Civil Lines, Amritsar, however he was never served. She further contends that now the matter has been compromised between the parties and the proceedings of the impugned order was stayed during the pendency of the present petition by the Coordinate Bench of this Court vide order dated 08.08.2023.

In view of the above circumstances, the petitioner is directed to appear before the trial Court within a period of 10 days and in the event of arrest, he shall be released on interim bail, to the satisfaction of the trial Court.

Adjourned to 26.04.2024."

3.

Today, learned counsel for the petitioner submits that pursuant to the aforesaid order, the petitioner has appeared before the trial Court and he has also been admitted to interim bail by the trial Court. A copy of the order dated 16.04.2024 passed by the learned trial Court, has also been supplied by learned counsel for the petitioner in Court today. 4.

Learned counsel for the State, on instructions from ASI Nirmal Singh, confirms the fact that the petitioner has appeared before the trial Court and has also been admitted to interim bail.

5.

Keeping in view the above facts and circumstances and especially, keeping in view the fact that the matter has been amicably settled between the parties, as noticed earlier in the previous orders also, the present petition is allowed. The order dated 02.11.2019 (Annexure P-4) passed by learned Chief Judicial Magistrate, Amritsar, is quashed. 6.

Pending miscellaneous application (s), if any, shall also stand disposed of.

April 26, 2024 (HARPREET KAUR JEEWAN) nitin JUDGE Whether Speaking Yes Whether reportable No Nitin 2024.05.01 15:56 I attest to the accuracy and integrity of this document