Balihar Singh @ Balehar Singh v. State Of Punjab And Others

 

  


  

  
 

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 The petitioner through instant petition under Section 482 Cr.P.C. is seeking quashing of FIR No.56 dated 01.10.2010 registered at Police Station Mehtiana, District Hoshiarpur, under Sections 420, 465,467, 468, 471,120B of IPC and PO order passed by learned trial Court.

 From the perusal of petition and reply dated 20.07.2022 filed by learned State counsel, it comes out that petitioner was never declared proclaimed offender by trial Court in terms of Section 82/83 Cr.P.C. An FIR was registered and thereafter police filed its report under Section 173 Cr.P.C. Challan against petitioner could not be filed because he was absconding. The challan was presented against two other accused who have been acquitted by learned trial Court. Learned trial Court while framing charges against co-accused as well passing of order of acquittal has noted that the petitioner is a proclaimed offender, even though, there is no formal order declaring the petitioner as proclaimed offender.

Learned State counsel would submit that the petitioner, as per information of the jurisdictional police authorities, is out of India. He has not joined the investigation. Thus, challan could not be presented against him., - 
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