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High Court of Punjab and HaryanaCRM-M/40344/2015dismissed

Satya Kumari Sharma v. State Of Punjab And ORS.

2015-11-30Mr. Justice Krishna Murari2 pages

CRM-M-40344-2015 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-40344-2015 (O&M).

Decided on: November 30, 2015.

Satya Kumari Sharma ..... Petitioner(s)

Versus

State of Punjab and others ..... Respondent(s) * * *

CORAM:

HON'BLE MR. JUSTICE M.M.S. BEDI PRESENT Mr.Munish Puri, Advocate, for the petitioner.

M.M.S. BEDI, J (ORAL).

Petitioner is a complainant in a private complaint. Through the instant petition under Section 482 Cr.P.C., the petitioner seeks a direction to the police to arrest accused Manohar Lal Sharma who has been declared proclaimed offender in a private complaint. Petitioner seems to have not taken any step for attachment of any property of the absconder and has also not moved any application for registration of FIR under Section 174A IPC. It is not specified whether accused No.2 is being proceeded against as a proclaimed offender as per provisions of Section 299 Cr.P.C.. It is also not apparent if any steps have been taken to arrest the proclaimed offender as per the provisions of Section 40 (1) (c) Cr.P.C. or under Section 43(1)(c) Cr.P.C. Taking into consideration the above said facts and circumstances, I do not find any ground to issue any directions, at

CRM-M-40344-2015 (O&M) this stage.

This petition is dismissed as necessary effective steps seem to have not been initiated against Manohar Lal Sharma. Besides this, he has not been impleaded as a party, as such no direction can be issued qua a person who has not been impleaded as a party. All the above said steps may be initiated for seeking the arrest of proclaimed offender or to attach the property to compel his appearance.

It is not out of place to observe here that some civil litigation parallel to criminal complaint filed by the petitioner have been initiated against Manohar Lal Sharma the proclaimed offender and the said proceedings have been decided against the petitioner. (M.M.S. BEDI) November 30, 2015.

JUDGE rka RAJ KUMAR ARORA 2015.12.02 11:30 I attest to the accuracy and integrity of this document