Sukhdev Singh @ Sukhdev Singh Kalsi v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-26092-2024 Decided on : 05.07.2024 SUKHDEV SINGH @ SUKHDEV SINGH KALSI . . . Petitioner(s)

Versus

STATE OF PUNJAB AND ANOTHER . . . Respondent(s) CORAM: HON'BLE MS. JUSTICE KIRTI SINGH PRESENT: Mr. Nikhil Chopra, Advocate for the petitioner.

Mr. Neeraj Madan, Sr. DAG, Punjab.

**** KIRTI SINGH, J. (Oral) On 23.05.2024, following order was passed by Co-ordinate Bench of this Court :- "The petitioner, by way of present petition filed under Section 482 Cr.P.C., seeks quashing of the order dated 22.02.2001 passed by the learned Chief Judicial Magistrate, Jalandhar, whereby he was declared as proclaimed offender in case FIR No. 33 dated 25.02.2000, under Sections 419, 465, 471, 474, 494 & 120-B of IPC, registered at Police Station Division-4, Jalandhar.

Learned counsel for the petitioner, inter alia, submits that the proceedings against the petitioner were carried out without following the mandate / procedure contemplated under Section 105 Cr.P.C., as even according to the contents of FIR, the petitioner was residing in America. He further submits that the FIR in question arose out of dispute between the then husband and wife, who have already settled their dispute having parted ways and are happily re-married. He also submits that the petitioner intends to surrender before the trial Court within a period of two months from today. Learned counsel for the petitioner, on instructions, submits that the petitioner volunteers to furnish medical equipments worth Rs. 2 lakhs in the Civil Hospital, Phillaur. Notice of motion for 05.07.2024.

In the meanwhile, the petitioner is given liberty to KAVITA NAIN 2024.07.05 16:52 I attest to the accuracy and integrity of this document order/judgment

CRM-M-26092-2024 - 2 - surrender before the Court concerned within a period of two months from today, who will furnish his bail /surety bonds, which shall be accepted by the trial Court to its satisfaction and till then, no coercive steps shall be taken against the petitioner.

The aforesaid order shall, however, be subject to providing (I) Electro Cautery with Sealer (Shalya Brand); and (ii) stretchers in five numbers to the Civil Hospital, Phillaur, [amounting to Rs. 2,00,000/- (Two Lakh only)], within a period of two weeks from the date of receipt of certified copy of this order, as volunteered by the petitioner, against due receipt issued by the concerned Civil Surgeon, who shall prepare an inventory in this regard for its regular inspection by the Director concerned. A copy of the receipt shall also be sent to the office of Advocate General, Punjab at the earliest for maintaining records in this regard."

2.

Learned counsel for the petitioner submits that petitioner has complied with the above-said order and in support of his contention, he has placed on record the letter no. 2024/513 dated 07.06.2024 from the office of Civil Hospital, Phillaur and a copy of undertaking of Civil Hospital, Phillaur (Jalandhar).

3.

In view of above, nothing survives in the present petition and the same is disposed of as infructuous.

(KIRTI SINGH) JUDGE July,05 2024 Kavita Nain Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No KAVITA NAIN 2024.07.05 16:52 I attest to the accuracy and integrity of this document order/judgment