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High Court of Punjab and HaryanaCRM-M/70785/2025dismissed

Abinu D And Another v. State Of Haryana

2026-01-29Mr. Justice Subhas Mehla2 pages

In the High Court for the States of Punjab and Haryana at Chandigarh CRM-M-70785-2025 (O&M) Date of Decision:- 29.01.2026 Abinu D and another ... Petitioners

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE SUBHAS MEHLA Present:- Mr. Sunil Dhanda, Advocate for the petitioner. Mr. Karan Veer Singh, Sr. DAG, Haryana.

***** SUBHAS MEHLA , J. (Oral) 1.

Present petition has been filed by the petitioner under Section 528 of BNSS for quashing of impugned order dated 06.12.2025 (Annexure P11) passed by learned Sub Divisional Judicial Magistrate, Hansi, in case bearing FIR No.16 dated 18.10.2023, registered under Sections 406, 419, 420 of IPC, 1860 at Police Station Cyber Crime Hansi, District Hansi, vide which the petitioners have been declared proclaimed persons. 2.

Learned counsel for the petitioner contended that petitioners were granted regular bail by this Court vide order dated 07.12.2023 passed in CRM-M-60544-2023 and thereafter, charge-sheet was filed without issuance or service of summons upon them; trial Court vide order dated 03.05.2024 had cancelled the bail and issued non-bailable warrants. The petitioner had challenged the aforesaid order dated 03.05.2024 through CRM-M-334362025, and same was set aside by a Coordinate Bench of this Court vide order dated 01.07.2025 and petitioners were directed to appear before the Court below within a period of four weeks from the date of order. However, on 02.07.2025, trial Court initiated the proceedings under Section 82 of Cr.P.C. GEETA RANI 2026.02.12 10:04 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court at Chandigarh

CRM-M-70785-2025 (O&M) ( 2 ) and thereafter, petitioners have been declared proclaimed person vide impugned order dated 06.12.2025 (Annexure P-11). It is further contended that petitioners belong to Kerala State and distance between Hansi and Kerala is approximately 2800 Kilometers and are not intentionally evading proceedings.

3.

Learned State counsel submitted that the petitioners/accused have already been granted relief vide order dated 01.07.2025 passed by this Court specifically directing to appear before the trial Court, despite that, they did not appear and were declared proclaimed persons by the Trial Court on 06.12.2025.

4.

Heard.

5.

Keeping in view the contentions raised by learned counsel for the parties and upon perusal of the paper book, it shows that Coordinate Bench of this Court had already granted relief to the petitioners/accused and had specifically directed the petitioners to appear before the trial Court, despite that, they could not appear and consequently declared proclaimed persons on 06.12.2025. It seems that the petitioners are not taking the process of law seriously and are not complying with the order passed by a Coordinate Bench of this Court.

6.

This Court does not find any error or illegality in such order as learned trial Court was justified in giving its findings while passing impugned order. Ergo, the present petition is dismissed being devoid of merits. ( SUBHAS MEHLA ) 29.01.2026 JUDGE Geeta Whether speaking /reasoned Yes / No Whether Reportable Yes / No GEETA RANI 2026.02.12 10:04 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court at Chandigarh