Rakesh Kumar v. State Of Punjab And Another

CRM-M-45021 of 2022 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-45021 of 2022 Date of Decision: 28.09.2022 Rakesh Kumar ...... Petitioner

Versus



 

  ......... Respondent

CORAM:

HON'BLE MR. JUSTICE JASGURPREET SINGH PURI

Present:

Mr. Vishal Mehta, Advocate, for the petitioner.

Mr. Amit Rana, Senior DAG, Punjab ***** JASGURPREET SINGH PURI, J. (ORAL)
 

   

   

        

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    ,-.'/  -     & Mr. Amit Rana, learned Senior DAG, Punjab has stated that he has received an advance copy of the petition and sought instructions from HC Harpreet Singh who is present in Court, that the petitioner has already been declared as a proclaimed offender on 16.07.2022. The present petition has been filed for quashing of FIR on the basis of compromise, although the allegations are pertaining to financial transactions but the petitioner is one of the co-accused and all the accused are not a party in the present case. The petitioner is already a proclaimed offender DINESH 2022.09.30 13:39 I attest to the accuracy of this document

CRM-M-45021 of 2022 -2and instead of cooperating with the police, he has filed the present petition for quashing of FIR based on compromise. A perusal of the petition, paragraph 16 would show that it has been specifically stated by the petitioner that he is not declared as proclaimed offender in the present case or in any other case. The present petition is also supported by an affidavit of the petitioner which is at page No. 14 of the paperbook. The affidavit has been duly sworn before the Notary Public. Para No.16 of the petition is reproduced as under:- "That the petitioner is not declared as proclaimed offender in the present FIR or in any case."

After hearing the learned counsel for the parties, this Court is of the view that the present petition cannot succeed because of two reasons, firstly, the petitioner is already a proclaimed offender and secondly, the petitioner has not come to this Court with clean hands. He specifically stated in paragraph 16 of the petition that he is not declared a proclaimed offender in the present FIR or in any case. The averments made in the petition has been supported by the duly sworn affidavit by the petitioner. Ordinarily this Court ought to have initiated proceedings for perjury against the petitioner for filing a false affidavit before this Court but taking a lenient view, the present petition is dismissed being devoid of any merit.

September 28, 2022 (JASGURPREET SINGH PURI) dinesh JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No DINESH 2022.09.30 13:39 I attest to the accuracy of this document