High Court of Punjab and HaryanaCRM-M/31508/2020allowed

Sunil Kumar v. State Of Haryana And ANR

2022-04-21Mr. Justice Anoop Chitkara2 pages

CRM-M-31508-2020

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-31508-2020

Reserved on: 20.04.2022

Pronounced on: 21.04.2022 Sunil Kumar

...Petitioner(s)

Versus

State of Haryana & another

...Respondent(s)

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. Sanjeev Kodan, Advocate for the petitioner.

Mr. Rajat Gautam, DAG, Haryana.

None for respondent no.2.

**** ANOOP CHITKARA, J.

Seeking quashing of order dated 19.07.2019 (Annexure P-3) and FIR No.146 dated 15.2.2020 under Sections 174A IPC registered at Police Station Baldev Nagar, District Ambala, pursuant to the petitioner's being declared as proclaimed offender in a complaint filed under Section 138 of the Negotiable Instruments Act, 1881, he has come up before this Court . Vide order dated 19.7.2019, learned Judicial Magistrate Ist Class, Ambala had declared the petitioner - Sunil Kumar and one Satvir Singh as proclaimed offender and aforesaid FIR was registered against them under Section 174A IPC.

Subsequently, vide order dated 28.08.2020 passed by Judicial Magistrate Ist Class, Ambala, the complainant withdrew the complaint and thus, the complaint in question was dismissed as withdrawn and both the accused were discharged. Since the complaint for which presence of the petitioneraccused was being sought on his being proclaimed offender stands withdrawn, as such, no purpose would suffice to continue with the aforesaid FIR. ASHWANI KUMAR 2022.05.13 16:13 I attest to the accuracy and authenticity of this order/judgment

CRM-M-31508-2020 Given above, the order dated 19.07.2019 (Annexure P-3) is set aside and the FIR No.146 dated 15.2.2020 under Sections 174A IPC registered at Police Station Baldev Nagar, District Ambala is hereby quashed qua the petitioner.

Accordingly, the petition is allowed. All pending applications, if any, shall stand disposed of.

(ANOOP CHITKARA) JUDGE April 21, 2022 AK Whether speaking/reasoned:

Yes Whether reportable:

No.

ASHWANI KUMAR 2022.05.13 16:13 I attest to the accuracy and authenticity of this order/judgment