High Court of Punjab and HaryanaCRM-M/25204/2016disposed of

Bhushan Kumar v. State Of Punjab & ANR

2017-02-21Mrs. Justice Raj Rahul Garg2 pages

CRM-M-25204-2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-25204-2016 Date of Decision:- 21.02.2017 Bhushan Kumar ....Petitioner

Versus

State of Punjab and another ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Ramdeep Partap Singh, Advocate, for the petitioner.

Mr. APS Gill, AAG, Punjab.

**** RITU BAHRI, J. (Oral) Prayer in this petition is for quashing of order dated 29.08.2014, passed by the Court of Judicial Magistrate 1st Class, Batala, whereby the petitioner has been declared proclaimed offender, without following the necessary provisions of Cr.P.C. in FIR No.9 dated 08.03.2014, registered at Police Station Qadian, District Batala, for offence under Sections 366-A, 376 and 3 & 4 of POCSO Act, 2012. This Court vide order dated 27.07.2016 has directed the petitioner to appear before the trial Court and submit his bail bonds. On 17.12.2016, learned State counsel, on instructions from HC Santokh Singh, has informed this Court that the petitioner has appeared before the trial Court on 26.09.2016 and his bail bonds has been accepted Naresh Kumar 2017.02.23 10:14 I attest to the accuracy and integrity of this document Chandigarh by the Court.

CRM-M-25204-2016 -2Learned counsel for the petitioner submits that the petitioner has also filed CRM-M-26704-2015 for quashing of FIR, in which, his wife has filed a short reply by way of affidavit dated 04.02.2016 (Annexure P-21) stating therein that she is residing with the petitioner since her marriage and has also been blessed with a daughter. Further, she has no objection if the present petition is quashed along with subsequent proceedings arising therefrom.

Keeping in view the above-said facts, the present petition is hereby allowed and accordingly order dated 29.08.2014, passed by the Court of Judicial Magistrate 1st Class, Batala, declaring the petitioner as proclaimed offender is hereby quashed along with all the subsequent proceedings arising therefrom.

February 21, 2017 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2017.02.23 10:14 I attest to the accuracy and integrity of this document Chandigarh