Palwinder Kaur v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M No. 35961 of 2018 DATE OF DECISION :- August 21, 2018 Palwinder Kaur

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. Deipa Ashdir Dubey, Advocate for the petitioner. *** This petition under Section 482 Cr.P.C. for quashing of F.I.R. has been filed by petitioner Palwinder Kaur who has been declared a proclaimed offender by the trial Court vide order dated 13.3.2009. I have gone through the impugned order. I do not find any illegality or infirmity therein. Even otherwise in view of the authority Mehnga Singh vs. State of Punjab 2002(2) RCR (Criminal) 501, by a Coordinate Bench of this Court, in such an eventuality, the accused should first move the Court which declared him proclaimed offender and even an objection against validity of proclamation is required to be raised in the first instance before the Court which issued the proclamation and power under Section 482 Cr.P.C.

is not to be exercised in favour of a person who is absconder or avoiding service. Therefore, the petition stands dismissed. The petitioner is directed to surrender in the trial Court within 7 days from today and in that event, on her moving an application for regular bail, the same be disposed of expeditiously by the said Court.

(H.S. MADAAN) JUDGE August 21, 2018 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARVINDER SINGH 2018.08.21 18:13 I attest to the accuracy and integrity of this document Chandigarh