Gursewak Singh And ORS. v. State Of Punjab And ORS.

CRM-M-68843-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-68843-2025 Date of Decision: 08.12.2025 GURSEWAK SINGH AND ORS .....PETITIONERS

VERSUS

STATE OF PUNJAB AND ANR ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE H.S.GREWAL

Present:

Mr. Amit Arora, Advocate for the petitioners. **** H.S. GREWAL, J. (ORAL) 1.

This petition has been filed under Section 528 of BNSS for quashing of the order dated 10.11.2025 (Annexure P-4) passed the learned Additional Chief Judicial Magistrate, Tarn Taran, District Tarn Taran vide which the petitioners have been declared as proclaimed person in case FIR No. 0061 dated 02.04.2022, under Sections 326, 324, 323, 506, 148, 149 IPC, registered at Police Station Sadar Tarn Taran, District Tarn Taran. 2.

Learned counsel for the petitioners submits that the petitioners are stated to have been summoned under Section 319 Cr.P.C and for which they had filed CRM-M-65246-2025 before this Court and the same is pending adjudication on 16.12.2025. He further submits that the petitioners have been declared as proclaimed person in non-compliance of Section 82 of Cr.P.C (now Section 84 of BNSS 2023). Vide order dated 16.09.2025, non-bailable warrants were issued against the petitioners and on 10.11.2025, they were declared as Renu Rawat 2025.12.12 15.03 I attest to the accuracy and integrity of this document

CRM-M-68843-2025 proclaimed persons. Learned counsel also submits that the petitioners undertake to appear before the trial Court concerned on each and every date and would not absent themselves without prior permission of the trial Court. It is, therefore, prayed that the petitioners may be permitted to surrender before the learned trial Court to attend the trial proceedings continuously and the impugned order may be set aside.

3.

Notice of motion.

4.

On the asking of the Court, Mr. Rishabh Singla, AAG, Punjab accepts notice on behalf of the respondent No.1-State. 5.

I have heard learned counsel for the parties and gone through the case file.

6.

In view of the limited prayer made by the petitioners and without issuing notice to respondent No.2, this Court does not find any legitimate ground to interfere in the impugned order dated 10.11.2025 passed the learned Addl. Chief Judicial Magistrate, Tarn Taran.

However, in case the petitioner surrenders before the trial Court within seven days from today and moves an application for grant of bail at 10:00 AM, the trial Court shall consider and decide the said application on the very same day in accordance with law.

8.

With these observations, the present petition stands disposed of. (H.S.GREWAL) 08.12.2025 JUDGE renu Whether speaking/ reasoned :

Yes/No Whether Reportable :

Yes/No Renu Rawat 2025.12.12 15.03 I attest to the accuracy and integrity of this document