High Court of Punjab and HaryanaCRM-M/34280/2023disposed of

Jagroop Singh v. State Of Punjab And Another

2023-09-01Mr. Justice Anoop Chitkara2 pages

CRM-M-34280-2023 2023:PHHC:114522

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-34280-2023

Reserved on: 24.08.2023

Pronounced on: 01.09.2023 Jagroop Singh

...Petitioner

Versus

State of Punjab and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA Mr. Amit Jhanji, Sr. Advocate with Mr. Himmat Sidhu, Advocate Mr. Saurav Bhatia, Advocate and Ms. Manjot Khokhar, Advocate for the petitioner(s).

Mr. Ferry Sofat, Addl. AG, Punjab.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 16.08.2022 Vigilance Bureau, 420, 409, 467, 468, 471, 120B Ludhiana IPC read with 7, 7-A, 8, 12, 13(2) of Prevention of Corruption Act 1.

Challenging the order dated 07.07.2023 (Annexure P-16) passed by the Chief Judicial Magistrate, Ludhiana, vide which the petitioner was declared proclaimed offender, he has come up before this Court for its quashing under Section 482 CrPC. 2.

The petitioner's grievance is that his second anticipatory bail is pending before this Court, as such this Court was ceased of the matter declaring him as proclaimed offender is usurping and encroaching the powers of this Court under Section 438 CrPC. The petitioner's first bail petition filed under Section 438 CrPC was rejected by a Co-ordinate Bench of this Court vide a detailed order dated 17.10.2022. After that, he again filed a second bail petition which bears the date as 09.07.2023. Before that, on 07.07.2023 vide Annexure P-16, the Chief Judicial Magistrate declared him as proclaimed offencer. 3.

In the above said case, stand of the investigator as well as the State is that they want to arrest the petitioner and they seek his custodial interrogation. Thus, it is not the ANJU RANI 2023.09.01 12:29 I attest to the accuracy and integrity of this document

CRM-M-34280-2023 2023:PHHC:114522 case of the State that they do not want to arrest him and their case is that they were searching for the petitioner but they were unable to catch hold of him. 4.

In this background, it would be appropriate that the petitioner file a fresh petition for quashing of the order dated 07.07.2023 after surrender. In case, petitioner surrendered without any further delay before the trial Court/Investigator, while considering his regular bail, concerned Court will not consider order dated 07.07.2023 against him because he challenged the same before this Court on 13.07.2023. 5.

Petition is disposed of in the terms mentioned above, with liberty to file a fresh after surrender. Pending applications, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 01.09.2023 anju rani Whether speaking/reasoned:

Yes Whether reportable:

No.

ANJU RANI 2023.09.01 12:29 I attest to the accuracy and integrity of this document