Naveen Gaura v. State Of Haryana And ANR

CRM-M-28220-2019 -1221 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-28220-2019 Date of decision: October 19, 2019 Naveen Gaura

...Petitioner

Versus

State of Haryana and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN Present:- Mr. Krishan Singh, Advocate for the petitioner. Mr. Deepak Grewal, DAG, Haryana.

ARVIND SINGH SANGWAN, J.

(Oral) Prayer in this petition is for quashing of FIR No.1383 dated 19.11.2018 registered under Section 174-A IPC at Police Station City Jagadhri, District Yamuna Nagar and for setting aside the order dated 19.9.2018 vide which the petitioner has been declared as proclaimed person. On 5.7.2019, the following order was passed.

"Counsel for the petitioner has submitted that the petitioner was never served with the summons/warrants issued by the trial Court and he was declared as proclaimed person without due service. It is further submitted that the petitioner is ready to appear before the trial Court and face the proceedings, in accordance with law.

Notice of motion for 13.8.2019."

Learned counsel for the petitioner submits that the petitioner, in pursuance to the order dated 5.7.2019, has already appeared before the trial and joined the investigation.

SATISH KUMAR 2019.10.19 16:30 I attest to the accuracy and integrity of this document

CRM-M-28220-2019 -2Learned counsel for the State, on instructions from the Investigating Officer has not disputed the factual position. In view of the above, the petition is allowed and order dated 5.7.2019 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