High Court of Punjab and HaryanaCRM-M/12553/2023disposed of

Balwinder Singh v. The State Of Haryana And Another

2023-03-17Mrs. Justice Manjari Nehru Kaul2 pages

CRM-M-12553-2023 -12023:PHHC:039780

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-12553-2023 Decided on : 17.03.2023 Balwinder Singh ...... Petitioner

Versus

State of Haryana and another ...... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. Prince Pushpinder Rana, Advocate for the petitioner.

**** Manjari Nehru Kaul, J.(Oral) Instant petition has been filed under Section 482 Cr.PC for quashing of the order dated 06.10.2022 passed by JMIC, Ambala vide which the petitioner was declared a proclaimed offender in complaint case bearing No.COMA/2259/2018 dated 31.10.2018.

Learned counsel for the petitioner submits that the petitioner was declared a proclaimed person vide impugned order in a complaint case under Section 138 of the Act. Learned counsel further 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.

Notice of motion.

On the asking of Court, Mr. Rahul Mohan, DAG, Haryana accepts notice on behalf of the respondent-State. SONIA BURA 2023.03.18 11:32 I attest to the accuracy and integrity of this document

CRM-M-12553-2023 -22023:PHHC:039780 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 24.03.2023 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. 17.03.2023 (MANJARI NEHRU KAUL) sonia JUDGE Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2023.03.18 11:32 I attest to the accuracy and integrity of this document