Amit Gupta v. State Of Punjab

  
  
 

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  +* )$ $+$) 446  "Prayer in the present petition is for quashing of FIR No. 186 dated 01.10.2004 (Annexure P"1) registered under Sections 468, 379, 380, 411, 420, 467, 471 and 120 B IPC; order dated 10.04.2012 passed by the Judicial Magistrate 1st Class, Ludhiana, declaring the petitioner a proclaimed offender and all the subsequent proceedings arising therefrom. Learned counsel for the petitioner submits that the petitioner was of 17 years of age at the time of alleged occurrence; that he was arrested on 01.10.2004; that after having been released on bail, he had been appearing before the Court regularly; that on on 04.04.

2011, due to non"appearance of the petitioner, his bail/surety bonds had been cancelled and forfeited to the State; that the petitioner was summoned through non"bailable warrants but again due to non appearance, proclamation proceedings were initiated against him and he was subsequently declared a proclaimed offender. It is further submitted that the aforesaid proceedings had been initiated at the back of the petitioner, as he had already left for U.K. and has been residing therein. It is further submitted that co"accused have already been acquitted by the trial Court vide judgment dated 7.5.2015 and that no useful purpose would be served by continuing the trial proceedings against the petitioner.

In support of his case, he relies upon the judgment passed by a Division Bench in 'Sudo Mandal @ Diwarak Mandal Vs. State of Punjab', 2011(2)RCR (Criminal) 453 and CRM"M"6640"2019 titled as Rajesh Kumar @ Billa Vs. State of Punjab, decided by a Coordinate Bench on 19.03.2019.

Notice of motion for 27.01.2022."

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+0 $+$" 446  "The petitioner is seeking quashing of FIR No.186 dated 01.10.2004 registered under Sections 468, 379, 380, 411, 420, 467, 471 and 120"B IPC and order dated 10.04.2012 passed by JMIC, Ludhiana declaring him a proclaimed offender and all subsequent proceedings arising therefrom.

Learned counsel for the petitioner has very fairly apprised the Court that the petitioner, who was declared a proclaimed offender vide order dated 10.04.2012, is presently not in India, however, he is ready to travel to India and thereafter appear and surrender before the trial Court concerned. He prays for short adjournment to place on record the photocopy of the air tickets of the petitioner qua his intended travel to India. On request, adjourned to 21.04.2023."

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< +0 +$ $+$* 446  "As per the contentions raised by the learned State counsel, the co"accused of the petitioner faced trial and were acquitted. The petitioner was declared a proclaimed offender. On 24.03.2023, an undertaking was made that the petitioner was ready and willing to travel back to India to face trial. However, the photocopy of the air tickets etc. have not been placed on record.

Adjourned to 06.02.2026 to comply with the order dated 24.03.2023."

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