High Court of Punjab and HaryanaCRM-M/20861/2020disposed of

Manjit Kaur v. State Of Punjab

2021-11-25Mr. Justice Ashok Kumar Verma3 pages

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: 25.11.2021 Manjit Kaur .... Petitioner

Versus

State of Punjab .... Respondent CORAM: HON'BLE MR. JUSTICE ASHOK KUMAR VERMA Present: - Mr. G.S. Madaan, Advocate, for the petitioner. Mr. C.L. Pawar, Sr. Deputy Advocate General, Punjab. ASHOK KUMAR VERMA, J. (ORAL) CRM-12746 of 2021 Through this application prayer has been made for placing on record air tickets of the applicant-petitioner as Annexure P-12. For the reasons mentioned in the application, same is allowed. Copy of air tickets of the applicant-petitioner are taken on record as Annexure P-12 subject to just exceptions. CRM-39359 of 2021 Through this application prayer has been made for preponing the date of hearing of the main case.

Notice of the application.

On the asking of the Court, Mr. C.L. Pawar, Sr. Deputy Advocate General, Punjab, accepts notice on behalf of the State of Punjab

-2and states that he has no objection to the preponing of the date of hearing of the case.

In view of the above and for the reasons mentioned in the application, date of hearing of the main case is preponed from 29.04.2022 and the same is taken on board for hearing today itself. CRM stands disposed of.

CRM-M-20861 of 2020 Through this petition under Section 482 Cr.P.C prayer has been made for setting aside order dated 03.03.2010 (Annexure P-7) whereby petitioner has been declared proclaimed offender in FIR No.86 dated 18.05.2005 registered under Section 36 of the Punjab Apartment and Property Regulation Act, 1995 (for short 'the Act') and Section 420 IPC, at Police Station Salem Tabri, Ludhiana. The aforesaid FIR was registered against the petitioner on the allegations that during the period from 1998 to 2000, she had executed sale deeds by violating the terms and conditions of the Act. The matter was investigated and challan was presented against the petitioner and co-accused Raj Kishan Beri. During the course of trial petitioner absented herself and she was declared proclaimed offender vide impugned order dated 03.03.2010 (Annexure P-7). Learned counsel for the petitioner submits that petitioner is residing in Canada. Due to wrong advise by the counsel she could not appear before the trial Court. Now she is willing to travel to India and surrender before the trial Court.

-3In view of the aforesaid submission, the present petition is disposed of with liberty to the petitioner to surrender before the trial Court within fortnight from today and move a bail application after explaining the grounds for her absence. The trial Court is asked to pass an order on the bail application preferably from the date on which it is filed/moved. Any coercive process pending against the petitioner shall remain stayed in the meantime.

November 25, 2021 (ASHOK KUMAR VERMA) R.S.

JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No