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High Court of Punjab and HaryanaCRM-M/28492/2017disposed of

Ash Mohammad v. State Of Haryana

2019-05-22Mrs Justice Daya Chaudhary2 pages

-1CRM-M-28492 of 2017

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-28492 of 2017 Date of Decision: 22.05.2019 Ash Mohammad

...Petitioner

Versus

State of Haryana ....Respondent CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present:- Mr. Amandeep Rana, Advocate, for the petitioner. Mr. Raj Kumar Makkar, Sr. DAG, Haryana.

RAMENDRA JAIN, J. (ORAL) Through instant petition under Section 482 Cr.P.C. prayer has been made for quashing orders dated 26.10.2016 (Annexure P-5) and 14.12.2016 (Annexure P-6) of the learned Judicial Magistrate Ist Class, Gurgaon, in case FIR No.633 dated 24.12.2015 registered under Sections 420, 467, 468, 471 & 120-B IPC at Police Station Palam Vihar, District Gurgaon, whereby petitioner has been declared proclaimed offender under Section 82 Cr.P.C.

Learned State counsel, on instructions from ASI Ashok Kumar, submits that pursuant to order dated 04.08.2017 petitioner has surrendered before the trial Court and has joined the investigation. However, final report under Section 173(2) Cr.P.C. has not been filed till date. Same shall be filed in Court within one month.

Since petitioner has appeared before the trial Court and has complied with order dated 04.08.2017, therefore, order dated 26.10.2016 RAVINDER SINGH 2019.05.24 16:14 I attest to the accuracy and integrity of this document

-2CRM-M-28492 of 2017 (Annexure P-5) for proceeding against the petitioner to declare him proclaimed offender under Section 82 Cr.P.C. and order dated 14.12.2016 (Annexure P-6) of the learned Judicial Magistrate Ist Class, Gurgaon, declaring him proclaimer offender are quashed. Petition is accepted in toto.

(RAMENDRA JAIN) May 22, 2019 JUDGE R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2019.05.24 16:14 I attest to the accuracy and integrity of this document