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High Court of Punjab and HaryanaCRM-M/38010/2023disposed of

Mandip Singh v. State Of Punjab And Others

2023-08-11Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2023:PHHC:104800 CRM-33558-2023 in/and CRM-M-38010-2023 Date of decision: August 11th, 2023 Mandip Singh .....Petitioner

Versus

State of Punjab and others .....Respondents CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. R.S. Ghuman, Advocate for the petitioner.

MANJARI NEHRU KAUL, J. (ORAL) CRM-33558-2023 For the reasons mentioned in the application, the same is allowed and the amended petition is taken on record. CRM-M-38010-2023 The petitioner is seeking quashing of FIR No.98 dated 27.10.2008 registered under Sections 307, 323, 324, 148, 149 IPC and Sections 25 and 27 of the Arms Act (later on Section 307 IPC and Section 25 and 27 of the Arms Act were deleted) registered at Police Station Rahon, District S.B.S. Nagar and for quashing the order dated 16.10.2012 (Annexure P-14) passed by the trial Court declaring the petitioner proclaimed offender.

2.

Learned counsel for the petitioner, at the outset submits that he would not press the prayer for quashing of the FIR in question. He further submits that the petitioner is ready and willing to appear and surrender before the trial Court. Hence, in the aforementioned facts and circumstances, petitioner be protected till his appearance before the trial PUNEET SACHDEVA 2023.08.16 23:41 I attest to the accuracy and integrity of this document.

Chandigarh

CRM-33558-2023 in/and CRM-M-39671-2023 -2Court and with directions to the trial Court that his bail application, which he would be filing on his surrender, be decided expeditiously. In support, he has placed reliance upon order dated 02.11.2019 (Annexure P-7) passed in CRM-M-46816-2019 and order dated 24.04.2015 (Annexure P-8) passed in CRM-M-12052-2015. 3.

Notice of motion.

4.

On asking of the Court, Mr. Subhash Godara, Additional Advocate General, Punjab, accepts notice on behalf of the respondent.

5.

In view of the limited prayer made by the learned counsel for the petitioner, the instant petition is disposed of with directions to the petitioner to appear and surrender before the trial Court within seven days from today. Till then, no coercive steps be taken against the petitioner.

6.

It is made clear that in case, the petitioner fails to surrender before the trial Court within seven days from today, this order shall be of no avail to him. In case, on appearance and surrender, the petitioner moves an application for bail before the trial Court, the same shall be decided expeditiously by the trial Court in accordance with law. August 11th, 2023 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2023.08.16 23:41 I attest to the accuracy and integrity of this document.

Chandigarh