Mohd. Aamir v. State Of Punjab And Another

 

 






  


   























 

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 6* +5 "+"* "The present petition under Section 482 Cr.P.C. has been preferred by the petitioner seeking quashing of order dated 30.03.2022 (Annexure P-3) and also the order dated 03.07.2023 (Annexure P-4) passed by learned SubDivisional Judicial Magistrate, Malerkotla, whereby the petitioner was ordered to be served through non-bailable



warrants and subsequent issuance of proclamation against him.

2. It is inter alia contended by learned counsel for the petitioner that the petitioner was booked in FIR No.90 dated 10.10.2018 under Sections 341, 323, 34 of IPC (Section 201 IPC added later on) registered at Police Station City-I Malerkotla for offences which were bailable. However, after the presentation of challan in the Court, the petitioner never received any notice, due to which he could not appear in the Court. He submits that in the meanwhile, a compromise (Annexure P-5) has been effected with the complainant. He further submits that even today, the petitioner is ready to appear in the Court and face trial.

3. Notice of motion.

4. On the asking of the Court, Ms. Swati Batra, DAG Punjab accepts notice on behalf of respondent No.1State.

5. Mr. Joginder Siwach, Advocate appears and files his power of attorney on behalf of respondent No.2 and admits the factum of compromise having been effected between the parties.

6. After considering the respective contentions and perusing the record, without commenting on the merits of the case, the petitioner is directed to surrender before the Trial Court/Duty Magistrate concerned, on or before 20.09.2023, the date already fixed before the trial Court. In that event, he is ordered to be released on interim bail on his furnishing personal/surety bonds to the satisfaction of the concerned Court. He shall also abide by conditions as envisaged under Section 438(2) Cr.P.C.

7. Adjourned to 28.09.2023.

8. To be heard along with CRM-M-45459-2023



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