High Court of Punjab and HaryanaCRM-M/47957/2024disposed of

Harbhagat Singh v. State Of Punjab

2024-10-29Mr. Justice Sanjiv Berry2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-47957-2024 Date of Decision: October 29, 2024 HARBHAGAT SINGH ....Petitioner(s)

VERSUS

STATE OF PUNJAB ....Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJIV BERRY

Present:

None for the petitioner.

Mr. Ankit Grewal, DAG, Punjab.

**** SANJIV BERRY , J.(ORAL) This petition has been filed by the petitioner under Section 528 Bhartiya Nagrik Suraksha Sanhita, 2023 seeking quashing of order dated 24.07.2024 (Annexure P-5) in FIR No.127 dated 03.11.2023 under Sections 420, 406, 120-B of IPC registered at Police Station Koom Kalan, District Police Commissionerate Ludhiana. Reply/Status report dated 28.10.2024 filed in the form of an affidavit of Assistant Commissioner of Police, Industrial Area 'A', Ludhiana on behalf of respondent State is taken on record. Report from the trial Court also received wherein it is mentioned that the name of the petitioner was mentioned in the order dated 24.07.2024 declaring him as proclaimed person due to pure inadvertence and oversight. It is submitted that on coming to know about this fact on the application moved by the police, the order was SANGEETA 2024.10.29 17:36 I attest to the accuracy and integrity of this document

CRM-M-47957-2024 rectified on 25.07.2024. The learned Court has sought unconditional apology and undertaken to be careful in future. Along with the reply filed by the State order dated 25.07.2024 passed by learned trial Court has also been annexed as Annexure R-1.

A perusal thereof would reveal that on the application moved by the investigating officer on 25.07.2024 the learned trial Court had rectified the clerical error in the order dated 24.07.2024 naming the petitioner as one of the proclaimed person. This order dated 24.07.2024 has since been rectified vide order 25.07.2024 passed by the trial Court.

Keeping in view the aforesaid facts and circumstances and the submissions thereof the instant petition has been rendered infructuous and is accordingly disposed of.

(SANJIV BERRY) October 29, 2024 JUDGE Sangeeta Whether reasoned/speaking:

Yes/No Whether reportable:

Yes/No SANGEETA 2024.10.29 17:36 I attest to the accuracy and integrity of this document