Harpreet Chahal v. State Of Punjab

CRM-M-30545-2026

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-30545-2026 Date of Decision: 26.05.2026 HARPREET CHAHAL .....PETITIONER

VERSUS

STATE OF PUNJAB .....RESPONDENT CORAM: HON'BLE MR. JUSTICE H.S.GREWAL

Present:

Mr. Navraj Singh, Advocate for the petitioner. **** H.S. GREWAL, J. (ORAL) 1.

This petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to section 482 Cr.P.C.) for quashing of order dated 13.11.2020 passed by the learned Judicial Magistrate Ist Class, Jalandhar (Annexure P-3) whereby the petitioner was declared proclaimed offender in FIR no. 10 dated 19.02.2020 under sections 323, 324, 326, 506 read with section 34 IPC, registered at police station Patara, District Jalandhar Rural and all consequential proceedings arising therefrom as the same are illegal, arbitrary and unsustainable in law, and therefore liable to be set aside in the interest of justice. (corresponding to section ,118(1), 118(2),351(2)(3) BNS) 2.

Learned counsel for the petitioner submits that the petitioner had no knowledge regarding the pendency of the FIR and the subsequent proceedings, as the matter had already been compromised between the parties. He further submits that the petitioner has been residing in the United States of America for a considerable period and had visited India only temporarily in connection with marriage and religious functions. Learned counsel further RENU RAWAT 2026.05.26 18.16 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-30545-2026 submits that no summons allegedly issued by the learned trial Court under Section 82 Cr.P.C. were ever received by or served upon the petitioner in the manner prescribed under law. It is contended that the mandatory requirements of Section 82 Cr.P.C. were not complied with before declaring the petitioner a proclaimed offender. He further prays that, since the petitioner is now ready and willing to appear before the Court and participate in the proceedings, the impugned order dated 13.11.2020 declaring the petitioner a proclaimed offender be set aside.

3.

Notice of motion.

4.

Mr. P.S.Pandher, Asstt. AG, Punjab accepts notice on behalf of the respondent-State.

5.

I have heard learned counsel for the parties and gone through the case file.

6.

In view of the limited prayer made by the learned counsel for the petitioner, this Court does not find any legitimate ground to interfere in the impugned order dated 13.11.2020 passed by the learned Judicial Magistrate Ist Class, Jalandhar. However, in case the petitioner surrenders before the trial Court within a period of 07 days and moves an application for grant of regular bail, the trial Court is directed to consider and decide the same within a period of three days.

8.

With these observations, the present petition stands disposed of. (H.S.GREWAL) 26.05.2026 JUDGE renu Whether speaking/ reasoned :

Yes/No Whether Reportable :

Yes/No RENU RAWAT 2026.05.26 18.16 I attest to the accuracy and integrity of this document Chandigarh