Rajvirpal Singh Bains @ Rajbir Singh v. State Of Punjab And Another








 

 
























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 "8 ",") "The present petition under Section 482 Cr.P.C. read with Section 483 Cr.P.C. has been preferred seeking quashing of the order dated 02.07.2007 (Annexure P-7) passed by learned Judicial Magistrate Ist Class, District Hoshiarpur, whereby the petitioner had been declared as proclaimed offender in FIR No.163 dated 09.09.2004 under Sections 279 and 304-A IPC registered at Police Station Mahilpur, District Hoshiarpur.

2.

Learned counsel for the petitioner inter alia contends that in the aforesaid FIR, the petitioner after being granted bail, had been regularly appearing and subsequently on account of his absence from the proceedings vide order dated 15.11.2006, proclamation qua him was ordered to be issued for 01.02.2007 with direction to appear within 30 days of proclamation. The proclamation was duly effected on 01.02.2007, however, he has been declared as proclaimed offender vide order dated 02.07.2007 (Annexure P-7), which is in violation of provisions contained in Section 82 of the Code of Criminal Procedure. He further submits that even the compromise dated 08.05.2023 has been effected between the parties, copy of which is placed as Annexure P-9 and as such he prays for quashing of the impugned order Annexure P-7.

3.

Notice of motion.



4.

On the asking of the Court, Ms. Swati Batra, DAG, Punjab, who is present in Court accepts notice on behalf of the respondent/State and prays for time to file status report/reply. Mr. Imran Ahmad Ali, Advocate puts in appearance on behalf of respondent No.2 and has filed his Vakalatnama, which is taken on record.

5.

Status report/reply to the petition be filed on or before the next date of hearing with an advance copy to the counsel opposite.

6.

List on 08.11.2023.

7.

In the meanwhile, the petitioner is directed to surrender before the trial Court/Duty Magistrate within two months from today and in that event he is ordered to be released on interim bail to the satisfaction of the concerned Court."

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