Harmeet Singh @ Aman Deep Randhawa v. State Of Punjab And Another



   

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH **** CRM-M No. 31927 of 2020 Date of Decision: 05.11.2020 Harmeet Singh @ Aman Deep Randhawa Petitioner

Versus

State of Punjab and another Respondents CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN

Present:

Mr. S. P. Soi, Advocate for the petitioner.

Ms. Samina Dhir, DAG, Punjab.

AVNEESH JHINGAN, J (Oral):

The matter is taken up for hearing through video conference due to COVID-19 situation.

The present petition is filed under Section 482 Cr.P.C. for quashing of order dated 26.11.2012 declaring the petitioner as Proclaimed Offender. The case arise from FIR No. 25 dated 24.4.2012, under Sections 406 and 498-A IPC registered at Police Station Women Cell, Jalandhar. In the petition, it was pleaded that the petitioner has been declared Proclaimed Offender on 26.11.2012 but the said order is not available on the file.

Status report was called from Judicial Magistrate Ist Class, Jalandhar. Report dated 15.10.2020 is filed. The relevant portions of the report are quoted below:

"As per the report of Ahlmad of this court, on perusal of file, no zimni order vide which proclamation of accused Harmeet Singh was issued was found on the file nor any PANKAJ BAWEJA 2020.11.05 03:12 High Court, Sector-1, Chandigarh



    order declaring the accused Harmeet Singh as proclaimed offender was present on the file and in this regard detailed statement of Sh. Naginder Singh Multani, Ahlmad of the court of undersigned was recorded. Statement of Clerk, Sh. Shree Ram, Pargana Moharar, Judicial Record Room, Jalandhar was also recorded who stated that file was checked and as per index page No. 9-A is not numbered and rest of the file is correct as per the index, implying thereby that no page of the file was missing as per index. xx xx xx As per the report of Ahlmad, it was also confirmed telephonically from the concerned police station that the concerned IO has since been transferred and only copy of proclamation issued on 3.12.

2012, which is already present in the judicial file, is available on the police record and no order regarding declaring of accused Harmeet Singh as proclaimed offender is available in the police record." From the report, it is evident that there is a reference of proclamation but there is no order available on the file declaring the petitioner as Proclaimed Offender.

In view of the above, since there is no order, no occasion arises for quashing of the same.

The petition is disposed of.

[AVNEESH JHINGAN] JUDGE th November, 2020 mk

1. Whether speaking/ reasoned :

Yes / No

2. Whether reportable :

Yes / No PANKAJ BAWEJA 2020.11.05 03:12 High Court, Sector-1, Chandigarh