Rakesh v. State Of Haryana And ANR

CRM-M 27430/2015

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:18.08.2015.

Rakesh .............Petitioner v.

State of Haryana and another .............Respondent CORAM: HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.Abhimanyu Singh,Advocate for the petitioner Jaswant Singh,J.(Oral) Prayer in the present petition under Section 482 Cr.PC is for quashing of FIR No.44 dated 30.3.2002 under Sections 341,506 IPC, PS Kharkhoda,Distt.Sonipat (P-1).

It appears that the petitioner alongwith his brother and father was named as an accused in the aforesaid FIR by the complainant. It is stated that the petitioner was declared a Proclaimed Offender whereas the remaining two accused vide judgment dated 24.11.2009(P-2) passed by learned JMIC,Sonipat were acquitted of the charges on account of the complainant having turned hostile. Now the instant petition seeking quashing of the FIR. After hearing learned counsel, this petition is liable to be dismissed as no indulgence can be shown to a Proclaimed Offender who deliberately chose to stay away from the proceedings. The factum of acquittal of co-accused is not a relevant consideration at this stage for quashing of the FIR.

Dismissed.

18.08.2015.

(Jaswant Singh) joshi Judge RAJINDER PRASHAD JOSHI 2015.08.18 16:36 I attest to the accuracy and authenticity of this document High Court, Chandigarh.