High Court of Punjab and HaryanaCRM-M/47434/2018allowed

Kewal Singh @ Bagga v. State Of Punjab

2019-10-19Mr. Justice Arvind Singh Sangwan2 pages

CRM-M-47434-2018 -1212 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-47434-2018 Date of decision: October 19, 2019 Kewal Singh @ Bagga

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN Present:- Mr. Dilawar Singh, Advocate for the petitioner. Mr. Joginder Pal Ratra, DAG, Punjab.

ARVIND SINGH SANGWAN, J.

(Oral) The petitioner pray for grant of quashing of order dated 3.2.2017 passed by the trial Court vide which the petitioner was declared a proclaimed offender in FIR No.131 dated 25.12.2000 under Sections 326, 324, 148, 149 IPC, registered at Police Station Verowal, District Tarn Taran. The operative part of the order dated 16.11.2018 is reproduced below :- "Learned Counsel for the petitioner submits that the petitioner was declared innocent during the investigation and was summoned under Section 319 Cr.P.C. during pendency of the trial and was never served with the summons, as he was away and was working in Gujarat. It is further submitted that the accused persons namely Kuldip Singh and Jassa Singh, who faced the full length trial, have been acquitted by the trial Court vide judgment dated 3.12.2017 passed by the Chief Judicial Magistrate, Tarn Taran and one another co-accused Baljit Singh, SATISH KUMAR 2019.10.19 16:30 I attest to the accuracy and integrity of this document

CRM-M-47434-2018 -2who was also declared a proclaimed offender, has already been granted the concession of regular bail and is facing the trial. Learned counsel further submits that the petitioner is ready to surrender before the trial Court and face the trial.

Notice of motion for 17.12.2018."

Learned counsel for the petitioner submits that the petitioner, in pursuance to the order dated 16.11.2018, has already appeared before the trial Court and also deposited the costs of Rs.15,000/-. Learned counsel for the State, on instructions from the Investigating Officer has not disputed the factual position and submits that the petitioner has joined the investigation and is no more required for any further investigation.

In view of the above, the petition is allowed and order dated 16.11.2018 passed by this Court, is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.

( ARVIND SINGH SANGWAN ) October 19, 2019 JUDGE satish Whether speaking/reasoned : Yes / No Whether reportable : Yes / No SATISH KUMAR 2019.10.19 16:30 I attest to the accuracy and integrity of this document