Inam v. State Of Haryana



     
   
  



  


   




 

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3  8 !     8   !     Learned counsel for the petitioner do not wish to press the prayer for quashing of the FIR in question and withdrew the same qua the said prayer with liberty to file afresh at a later stage, if so advised. As far as prayer for quashing the order dated 23.07.2018 (Annexure P-2) under Section 82 Cr.P.C. is concerned, she contends that the petitioner was never served with any notice whatsoever and adherence to the statutory provision of 30 days and the said provisions have not been complied with.

Reference to Annexure P-2 has also been made to the attention on the fact that the address of the petitioner, namely, Inam son of Akbar, has DINESH BANSAL 2024.05.07 18:28 I attest to the accuracy and integrity of this document Chandigarh



    
 been recorded in the notice of acquisition for proceedings under Section 82 Cr.P.C. in which he has been shown to be resident of Godhali, Police Station Punhana whereas in the FIR as well as actually he is resident of Village Godhula. Though the police station is the same but such discrepancy in the address/notice is material to effect service under Section 82 Cr.P.C.

Learned State counsel vehemently opposes the contention raised by learned counsel for the petitioner and prays for dismissal of the petition by stating that the said discrepancy has occurred due to typographical error.

In the light of above, merely on the assumption and surmises of the address particularly the name of a village in itself, one cannot be expected to have been served and when a categoric stand has been taken by the petitioner, he was never served by the trial Court, while issuing notice under Section 82 Cr.P.C.

In the considered view of this Court, the order dated 23.07.2018 (Annexure P-2) suffers from infirmity and illegality and therefore, the same is set aside. However, the petitioner is directed to surrender before the trial Court within a period of 10 days from today.   !   

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 9    !*:    ; :- 9    ! 8  ; :- DINESH BANSAL 2024.05.07 18:28 I attest to the accuracy and integrity of this document Chandigarh