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High Court of Punjab and HaryanaCRM-M/30150/2025dismissed

Surinder Mohan @ Neeta Saxena v. State Of Punjab

2025-05-28Mr. Justice H.S. Grewal2 pages

CRM-M-30150-2025 -1137 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-30150-2025 Date of decision:28.05.2025 SURINDER MOHAN @ NEETA SAXENA .....Petitioner

Versus

STATE OF PUNJAB .....Respondent

CORAM:

HON'BLE MR. JUSTICE H.S. GREWAL

Present:

Mr. Sukhcharan Singh Gill, Advocate for the petitioner.

 Mr. Kamalpreet Bawa, DAG, Punjab. ***   

 1.

The petitioner is seeking quashing of order of proclamation dated 07.12.2024 (Annexure P-8) passed by learned Judicial Magistrate Ist Class, Sunam arising out of FIR No.282 dated 30.12.2021 under Sections 61, 69, 14/1 of Punjab Excise Act, 1914 registered at Police Station City Sunam, District Sangrur whereby the petitioner has been declared as a proclaimed person. 2.

Learned counsel for the petitioner contends that on 12.08.2022, the relative of the petitioner had expired and in order to attend last ceremonies, the petitioner moved exemption application on 22.08.2024, the same was rejected and his bail was cancelled and non bailable warrants were issued against him. Further, on 30.09.2024 proclamation under Section 82 Cr.P.C. was issued and the petitioner was directed to appear on 29.11.2024, however, he could not be served for the said date of hearing. Thereafter, on 07.12.2024, due to non appearance, the petitioner was declared as a proclaimed person. However, he submits that he is willing and ready to join the proceedings and shall appear before the trial Court as and when required. Learned counsel for the Sonia Puri 2025.05.29 14:35 I attest to the accuracy and integrity of this document

CRM-M-30150-2025 -2petitioner, on instructions further submits that the petitioner undertakes to appear before the trial Court concerned on each and every date and shall not seek any exemption for his personal appearance on any date of hearing before the trial Court. Hence, in the aforementioned facts and circumstances, the petitioner prays that directions be issued to the Trial Court concerned that his bail application, which he would be filing on his surrender, be decided. 3.

Keeping in view the facts of the case, the service of respondent is dispensed with as it will delay the proceedings. 4.

I have heard learned counsel for the petitioner and perused the material placed on record.

5.

No ground to interfere in the impugned order dated 04.09.2023 is made out and the present petition is hereby, dismissed. 6.

However, the petitioner is directed to appear and surrender before the trial Court concerned within a period of 07 days from today and may file bail application before the concerned Court. In case, he does so, the same be considered by the trial Court concerned, in accordance with law, within a period of 03 days.

 28th May, 2025 (H.S. GREWAL) Sonia Puri JUDGE Whether speaking/ reasoned :

Yes / No Whether reportable :

Yes / No Sonia Puri 2025.05.29 14:35 I attest to the accuracy and integrity of this document