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High Court of Punjab and HaryanaCRM-M/23756/2024allowed

Parveen Kumar v. State Of Haryana

2024-05-23Mr. Justice Anoop Chitkara2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-23756-2024 Date of Decision: 23.05.2024 Parveen Kumar ....Petitioner

Versus

State of Haryana ....Respondent CORAM:HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Radhe Shyam Sharma, Advocate for the petitioner.

Mr. Naveen K. Sheoran, DAG, Haryana.

***** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 18.02.2012 Sadar Jind, District 302, 34 IPC and Sections 25, 54, 59 of Jind Arms Act Aggrieved by the proclamation order dated 21.12.2012, passed by the ACJM, Jind and FIR captioned above, petitioner has come up before this court for quashing of above captioned FIR along with said order, by filing the present petition under Section 482 CrPC. 2.

Petitioner's counsel confines the present petition only to quashing of the proclamation of the order dated 21.12.2012, vide which he was declared proclaimed offender and he further seeks permission to file a separate petition for quashing of FIR. 3.

Counsel for the State on instructions from SI Kulwant Singh, submits that in fact as per their records, the actual accused was Pawan @ Pona resident of same village whereas and due to some bonafide mistakes, proclamation was issued against Parveen Kumar of the same village. He further submits that it was absolutely unintentional and never caused loss to the petitioner.

4.

Given this statement, proclamation order dated 21.12.2012 is quashed and set aside. Petitioner is permitted to file a separate petition for quashing of FIR if he is arraigned as accused in the FIR and in addition to that, bail application also, if so required. ANJU RANI 2024.05.24 18:51 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh

CRM-M-23756-2024 -25.

Petition is partly allowed with the aforesaid observations. Pending applications, if any, stand disposed of.

(ANOOP CHITKARA) JUDGE 23.05.2024 anju rani Whether speaking/reasoned Yes/no Whether reportable?

Yes/no ANJU RANI 2024.05.24 18:51 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh