High Court of Punjab and HaryanaCRM-M/16029/2024allowed

Santokh Lal @ Kala And Another v. Krishan And Others

2024-08-13Mr. Justice Sandeep Moudgil2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-16029-2024 Date of Decision: August 13, 2024 SANTOKH LAL @ KALA AND ANOTHER ....Petitioner(s)

VERSUS

KRISHAN AND OTHERS ....Respondent(s) CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL

Present:

Mr. Gaurav Sharma, Advocate for the petitioners.

**** SANDEEP MOUDGIL , J.(ORAL) This petition has been filed by the petitioners under Section 482 Cr.P.C. seeking quashing of impugned order dated 04.01.2022 (Annexure P-5) passed by Judicial Magistrate 1st Class, Ludhiana, whereby the petitioners have been declared as proclaimed offender in criminal complaint bearing number COMI No.779 of 2015 under Sections 452, 323, 324, 325, 506, 148, 149, 120-B IPC titled as Krishan vs. Puran Singh and others. Mr. Vishwajit Bedi, Advocate, puts in appearance on behalf of respondent No.1 and has filed his Power of Attorney in Court, which is taken on record.

Ms. Manisha Goyal, Advocate, puts in appearance on behalf of respondent Nos.4 to 8 and has filed her Power of Attorney in Court, which is taken on record.

SANGEETA 2024.08.29 09:44 I attest to the accuracy and integrity of this document

CRM-M-16029-2024 Learned counsel for the petitioner would argue that vide order dated 14.09.2023 (Annexure P-6), the accused stands discharged after the complainant failed to prove the case of the accusation levelled in the complaint itself, though the order dated 04.01.2022 (Annexure P-5) still hold good as petitioner was declared proclaimed person on account of non appearance before Judicial Magistrate 1st Class, Ludhiana. In the light of admitted fact that the accused-petitioners stand discharged in the complaint and no appeal has been filed against the judgment dated 14.09.2023, the order dated 04.01.2022 is of no consequence, hence, no fruitful purpose would be served by continuing the proceedings in that order.

The petitioners are stated to be residing in Canada at the address mentioned below:- '2548, CASEY WAY SW EDMONTON ALBERTA T6W3N3 CANADA'

Since, no grievance is left against the present petitioners, the order dated 04.01.2022 is hereby ordered to be quashed. The petition stands allowed in the aforesaid terms. (SANDEEP MOUDGIL) JUDGE 13.08.2024 Sangeeta Whether reasoned/speaking:

Yes/No Whether reportable:

Yes/No SANGEETA 2024.08.29 09:44 I attest to the accuracy and integrity of this document