Anand Saroop Singh @ Nand Saroop ... vs State Of Punjab
2021 Latest Caselaw 2902 P&H

CRM-M-41692-2021                                             -1-

117
       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

                                                 CRM-M-41692-2021
                                                 Date of decision : 06.10.2021

Anand Saroop Singh @ Nand Saroop Singh and another

                                                                     ...Petitioners

                                        Versus

State of Punjab

                                                                    ...Respondent

CORAM: HON'BLE MR. JUSTICE VIKAS BAHL

Present:     Mr. Krishan Singh Dadwal, Advocate for the petitioners.

             Mr. Saurav Khurana, DAG, Punjab.

             (Through Video Conferencing)

             ****

VIKAS BAHL, J. (ORAL)

This is a petition filed under Section 482 of Cr.P.C. for quashing

of FIR No.67 dated 10.08.2016 registered under Sections 406, 420, 465, 467,

468, 471 and 120-B of the Indian Penal Code, 1860 (herienafter to be

referred as "the IPC") at Police Station Bholath, District Kapurthala

(Annexure P-1) alongwith all the subsequent proceedings arising therefrom

and order dated 03.05.2018 (Annexure P-2) declaring the petitioners as

proclaimed offenders.

Learned counsel for the petitioners has submitted that the

petitioners would not press the present petition as far as quashing of the FIR

is concerned but lays a challenge to the order declaring them as proclaimed

offenders. It has been submitted by the learned counsel for the petitioners that

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in the present case, the petitioners had left India on 19.07.2016 and for the

said purpose, he has referred to the passports of the petitioners (Annexures P-

3 and P-4). It has been submitted that the FIR was registered on 10.08.2016

subsequent to the said date i.e. on 19.07.2016. It has further been submitted

that the petitioners were never served in USA where they had been residing

at the time when the FIR was registered before declaring them as proclaimed

offenders. It is further submitted that both the petitioners are old persons i.e.

73 years of age and 72 years of age respectively, and they are wanting to join

the proceedings and would undertake to not abscond from the said

proceedings. It is also submitted that even as per the FIR and the prosecution

case, the main allegation is against the son of the petitioners namely

Tejinderjit Singh and it is the said Tejinderjit Singh, who had given 19

cheques to the complainant, while negotiating the matter with him.

Learned counsel for the petitioners has further submitted that in

the present case, the petitioners have been declared as proclaimed offenders

whereas as per the provision of Section 82(4) of Cr.P.C., they could have at

best be declared as proclaimed persons, since, the offences which have been

alleged in the present FIR would not be included under the offence which has

been mentioned in Section 82(4) of Cr.P.C.

Learned counsel for the petitioners has relied upon judgment

dated 21.11.2018 passed by the Coordinate Bench of this Court in CRM-M-

51100-2018 titled Karamjit Kaleka Vs. State of Punjab, in order to state that

a similar matter was disposed of on the first date itself. Further, reliance has

been placed upon judgment dated 24.01.2021 passed by the Coordinate

Bench of this Court in CRM-M-51588-2019 titled Darshan Singh Vs. State

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of Punjab, wherein, the matter was disposed of on the first date itself also.

Notice of motion.

On advance notice, Mr. Saurav Khurana, DAG, Punjab, appears

and accepts notice on behalf of the State and has opposed the present petition

and has prayed for dismissal of the same.

Keeping in view the abovesaid facts and circumstances, moreso

the fact that the petitioners are aged persons of 73 years and 72 years of age

respectively, and also the fact that the petitioners had gone abroad prior to the

registration of the FIR and are now ready to join the proceedings and also

keeping in view the fact that the main accused in the case is Tejinderjit

Singh and the fact that as per the provisions of Section 82(4) of Cr.P.C., the

petitioners could not have been declared as proclaimed offenders and at best,

could have been declared as proclaimed persons, the present petition is

disposed of with a direction to the trial Court that in case, the petitioners

surrender within a period of one month from today, then the trial Court shall

release them on bail on their furnishing bail bonds to its satisfaction. In case

of appearance, the order declaring them as proclaimed offender shall be

deemed to have been set aside.

The petition stands disposed of in abovesaid terms.

06.10.2021                                            (VIKAS BAHL)
Pawan                                                    JUDGE


             Whether speaking/reasoned:-              Yes/No

             Whether reportable:-                     Yes/No




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