Rohit Mahajan v. Stte Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No.22021 of 2021 Date of Decision:29.10.2021 ROHIT MAHAJAN ......Petitioner Vs STATE OF PUNJAB AND OTHERS .....Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:Mr. Vikram Chaudhri, Sr.Advocate with Mr. Keshavam Chaudhri, Advocate for the petitioner.

**** RAJ MOHAN SINGH, J. (Oral) The case has been taken up for hearing through video conferencing.

Petitioner has approached this Court by way of civil writ petition under Articles 226/227 of the Constitution of India. Earlier petitioner has filed CRM-M No.6139 of 2021 for quashing of FIR No.430 dated 16.12.2005 under Sections 406, 498-A IPC, Police Station Sadar, Amritsar along with all consequent proceedings arising therefrom. At that time, petitioner was in abroad.

Learned counsel for the petitioner made a statement that since matrimonial dispute is pending between the parties and the petitioner is sincerely trying to settle the same once and for all. He showed his willingness to return to India and appear

before the concerned Court who had declared him proclaimed person. Learned counsel for the petitioner made a statement that the petitioner was to arrive in India on 26.09.2021. The Coordinate Bench, vide order dated 16.09.2021 granted protection from 26.09.2021, till the next date of hearing in order to enable the petitioner to approach the concerned Court. He was directed to appear before the concerned Court within three days from the date of his landing. The petitioner surrendered before the trial Court on 28.09.2021, in compliance of the order dated 16.09.2021 passed by the High Court. The trial Court marked his presence but did not recall the order vide which he was declared as proclaimed person on the premise that the Court has no power to review the order passed by his predecessor Court. CRM No.6139 of 2021 ultimately came for hearing before the Co-ordinate Bench on 11.10.2021 and the same was disposed of by passing the following order-:

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 Petitioner approached the Court of Additional Sessions, Amritsar against the order dated 30.09.2021 passed by the Judicial Magistrate First Class, vide which the proclamation proceedings were not recalled despite appearance of the petitioner before the Court. Revision petition came up for hearing before the Additional Sessions Judge, Amritsar on 19.10.2021 and the same has been rejected by upholding the order passed by the Judicial Magistrate First Class dated 30.09.2021. The Court also rejected the prayer of anticipatory

bail on the premise that the petitioner is a proclaimed person and indulgence in terms of Section 438 Cr.P.C cannot be granted. So in the light of order dated 11.10.2021, learned counsel submits that petitioner may be permitted to approach the High Court in criminal jurisdiction as the orders dated 16.09.2021 and 11.10.2021 have originated from CRM No.6139 of 2021 and the same has material bearing on the present relief which is sought to be prayed in the present writ petition. In my prima facie view the prayer for withdrawal of present petition in order to approach the High Court by way of criminal miscellaneous is innocuous enough to be accepted at this stage. Petitioner is permitted to file an appropriate petition under Code of Criminal Procedure in the facts and circumstances of the case. It would be appropriate to grant interim protection for 10 days from today, in consonance with the order dated 11.10.2021, earlier passed by the Co-ordinate Bench in CRM No.6139 of 2021.

Disposed of.

(RAJ MOHAN SINGH) 29.10.2021 JUDGE Amandeep Whether speaking/reasoned Yes/No Whether reportable Yes/No