High Court of Punjab and HaryanaCRM-M/948/2021dismissed

Harjit Singh v. State Of Punjab And Another

2021-04-22Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-948-2021 Decided on : 22.04.2021 Harjit Singh . . . Petitioner(s)

Versus

State of Punjab and another . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL (Through Video Conferencing) PRESENT: Mr. Prabhjot Singh Bedi, Advocate for the petitioner(s).

Mr. Luvinder Sofat, AAG, Punjab.

**** MANJARI NEHRU KAUL , J. (Oral) The instant petition has been filed under Section 482 Cr.P.C., for quashing of order dated 09.09.2013 (Annexure P-2), passed by learned SDJM, Nakodar, vide which the petitioner had been declared proclaimed person in case FIR No. 303, dated 08.11.2012, registered under Sections 323, 452, 427, 506, 120B, 148, 149 IPC (Sections 395, 150, 458 IPC added later on) at Police Station Sadar Nakodar, District Jalandhar.

Learned counsel for the petitioner submits that the petitioner was not aware of the proceedings having been initiated against him under Section 82 Cr.P.C. In addition to that he submits that provisions of Section 82 Cr.P.C. were not complied with in letter & spirit while passing the impugned order, which thus, deserves to be set aside.

Learned counsel for the petitioner further submits that even otherwise, it is a case of false implication, as he was not even present in India when the crime in question took place.

Per contra, learned State counsel while opposing the submissions JAWALA RAM 2021.04.22 17:17 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-948-2021 - 2 - made by learned counsel for the petitioner, has apprised this Court that the petitioner has been living in U.K. and he has chosen to approach this Court for quashing of the impugned order only after the co-accused were acquitted in the FIR in question vide judgment dated 12.08.2020. Heard.

Keeping in view the facts and circumstances of the case, no ground is made out to set aside the impugned order dated 09.09.2013 (Annexure P-2), which was passed way-back in the year 2013.

Petition stands dismissed.

(MANJARI NEHRU KAUL) JUDGE April 22, 2021 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2021.04.22 17:17 I attest to the accuracy and authenticity of this document Chandigarh