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High Court of Punjab and HaryanaCRM-M/13253/2023allowed

Abhijeet Alias Bablu Alias Abhijeet Shankar Bhagat v. State Of Haryana And Another

2023-04-11Mr. Justice Anoop Chitkara2 pages

CRM-M-13253-2023 --1--

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-13253-2023 Reserved on : 20.03.2023 Pronounced on : 11.04.2023 Abhijeet alias Bablu alias Abhijeet Shankar Bhagat ......Petitioner Vs.

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

Present:

Mr. Bipan Ghai, Sr. Advocate with Mr. Nikhil Ghai, Advocate for the petitioner. Mr. Manish Bansal, DAG, Haryana.

*** ANOOP CHITKARA J.

FIR No.

Dated Police Station Sections 20.08.2022 Sirsa Sadar, District Sirsa 174-A Seeking the quashing of FIR as mentioned above, the accused has come up before this court under Section 482 of the Code of Criminal Procedure, 1973 (CrPC). 2.

Vide order dated 19-10-2022, [passed in CRM-M-48585-2022, Abhijit @ Bablu @ Abhijeet Shankar Bhagat v. State of Haryana and another] , this court had observed in paragraph 9, which was complied with and reads as follows: "(9). Consequently, the impugned order of proclamation dated 06.06.2022, passed by ld. JMIC, Sirsa (Annexure P-5), is set aside, and the non-bailable warrants issued against the petitioner in the FIR captioned above shall not be enforced for fifteen days, and in case the petitioner complies with this order, then warrants shall also stand recalled. The petitioner is directed to appear before the concerned court within fifteen days.

The petitioner shall be at liberty to apply for bail before the trial court, and the concerned court shall release the accused on bail on the same date subject to furnishing bonds of its satisfaction. Suppose the petitioner fails to appear within fifteen days from today, in that case, it might be considered that if released on bail, it may not be feasible to produce the accused to face the trial, and consequently, this order shall be recalled automatically under section 362, read 482 CrPC, without further reference to this court."

3.

Given above, there would be no justification for continuation of proceedings in the ANJU RANI 2023.04.12 12:42 I attest to the accuracy and integrity of this document

CRM-M-13253-2023 --2-- aforesaid FIR and consequently the above captioned FIR and all consequent proceedings are quashed and set side.

Petition allowed in the terms mentioned above. Pending applications, if any, stand disposed of.

(ANOOP CHITKARA) JUDGE 11.04.2023 anju rani Whether speaking/reasoned:

Yes Whether reportable:

No.

ANJU RANI 2023.04.12 12:42 I attest to the accuracy and integrity of this document