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High Court of Punjab and HaryanaCRM-M/6378/2018disposed of

Annu v. State Of Haryana And ORS.

2024-02-26Ms. Justice Nidhi Gupta2 pages





IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-6378-2018 Date of Decision : 26.02.2024 Annu

...Petitioner

        

             BEFORE: HON'BLE MS. JUSTICE NIDHI GUPTA

Present:

Mr. V.P. Singh, Advocate for the petitioner.

*** NIDHI GUPTA, J. (ORAL) Prayer in the present petition under Section 482 Cr.P.C. is for directing the respondent authorities to investigate the matter in respect of FIR No.397 dated 05.08.2016 registered under section 4 of the Protection of Children from Sexual Offences Act, 2012 and Section 420 and 506 IPC and to arrest respondent No.4.

Status report by way of affidavit dated 08.05.2022 of Dr. Anshu Singla, IPS, S.P. Kurukshetra, on behalf of respondent Nos.1 to 3 has been filed to submit that in the present case after due investigation, present FIR was registered against respondent No.4-accused. However, as per information, respondent No.4-accused currently is residing abroad and has been declared proclaimed offender on 05.08.2017. The relevant paras are reproduced as under: (ii) During investigation of the present case the Police have issued arrest warrant against the above named accused on dated 27.01.2017, 08.03.2017 and 29.04.2017 P.O. proceedings were initiated against the under Section 82/83 Cr.P.C. for 05.08.2017 and he had been declared proclaimed offender by the Court of Sh. Aman Inder Singh learned then rukshetra, the SDJM Shahabad, District Kurukshetra, vide order dated 05.08.2017 and copy of the PUSHPINDER SAINI 2024.02.29 05:54 I attest to the accuracy and integrity of this document

CRM-M-6378-2018 -2- 

 same is enclosed herewith as Annexure R-1 for kind perusal of this Hon'ble Court.

v) The police have also registered P.O. case against the above named accused vide FIR No. 430, dated 21.04.2022, under Section 174-A IPC, registered at Police Station Shahabad, District Kurukshetra and copy of the same is enclosedherewith as Annexure R-6, for kind perusal of this Hon'ble Court. vi) That police have already presented the challan against the above named proclaimed offender on 25.10.2017 in the FIR No. 397 dated 05.08.2016 under section 6 POCSO Act, & 506 IPC and now the matter is pending before the Learned Trial Court and same is fixed on 22.07.2022 for prosecution evidence.

vii). That as and when the above named proclaimed person will come to India or after the travel history of the above named proclaimed offender will be available, appropriate action will be taken against the above named proclaimed offender."

It is submitted that pursuant to the above, even FIR No. 430, dated 21.04.2022, under Section 174-A IPC (Annexure R-6), has been registered at Police Station Shahabad, District Kurukshetra against respondent No.4-accused. Heard.

In view of the above, no further directions are required to be issued in the matter.

Accordingly, the petition stands disposed of. Pending applications, if any, also stand disposed of. (NIDHI GUPTA) February 26, 2024 JUDGE ps Whether speaking/ reasoned :

Yes/No Whether reportable :

Yes/No PUSHPINDER SAINI 2024.02.29 05:54 I attest to the accuracy and integrity of this document