← Library
High Court of Punjab and HaryanaCRM-M/58047/2024disposed of

Jit Singh Alias Ajit Singh v. State Of Punjab And Another

2024-11-28Mrs. Justice Manjari Nehru Kaul2 pages

CRM-M-58047-2024 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-58047-2024 Decided on : 28.11.2024 Jit Singh @ Ajit Singh ...... Petitioner

Versus

State of Punjab and another ...... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present : Mr. G.S.Sandhu, Advocate for the petitioner.

**** Manjari Nehru Kaul, J.(Oral) Instant petition has been filed under Section 528 of BNSS, 2023 for quashing of the order dated 11.02.2006 (Annexure P-3) passed by learned Judicial Magistrate, Ist Class, Phillaur vide which the petitioner has been declared a proclaimed offender in case FIR No.40 dated 20.04.2004.

2.

Learned counsel for the petitioner submits that the impugned order (Annexure P-3) declaring the petitioner a proclaimed offender was passed on 11.02.2006, however, the petitioner was not in India as he had already left for Canada prior thereto. It has been further submitted that it was after 20 years on 27.09.2024 that the petitioner returned to India for the first time and it was only then, he learnt about his status of being a proclaimed offender in case FIR No.40 dated 20.04.2004. Learned counsel still further submits that the SONIA BURA 2024.11.29 10:38 I attest to the accuracy and integrity of this document

CRM-M-58047-2024 -2petitioner is ready to appear and surrender and thereafter join proceedings before the trial Court.

3.

Notice of motion.

4.

On the asking of Court, Mr. Navdeep Singh, DAG, Punjab accepts notice on behalf of the respondent-State. 5.

In view of the submissions made above, the petition is disposed of with directions to the petitioner to appear and surrender before the trial Court on or before 30.11.2024 and move appropriate application for grant of bail. Till then, no coercive steps be taken against the petitioner. However, this shall be subject to payment of Rs.25,000/- as costs to be deposited before the District Legal Services Authority concerned. The trial Court on such application being moved shall decide it expeditiously in accordance with law. It is, however, made clear that in case the petitioner fails to appear and surrender before the Court below within the above stipulated time period to deposit the amount as directed above, then this order shall be of no avail to him.

28.11.2024 (MANJARI NEHRU KAUL) sonia JUDGE Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2024.11.29 10:38 I attest to the accuracy and integrity of this document