Citation : 2022 Latest Caselaw 16465 P&H
Judgement Date : 12 December, 2022
CRM-M-36539-2017 -1-
228
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
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CRM-M-36539-2017 Date of Decision: 12.12.2022
Gurjant Singh ..... Petitioner Versus
State of Punjab and another ..... Respondents
CORAM: HON'BLE MR. JUSTICE HARSH BUNGER
Present: None for the petitioner.
Mr. Harjinder Singh, AAG, Punjab for respondent No.1/State.
Ms. Amarpreet Kaur, Advocate for Mr. Nakul Sharma, Advocate for respondent No.2.
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HARSH BUNGER J. (ORAL) Present petition is filed on behalf of the petitioner under
Section 482 Cr.P.C. for quashing of impugned order dated 27.07.2015
(Annexure P-3), passed by the Sub Divisional Judicial Magistrate, Patti,
whereby the petitioner has been declared as a proclaimed person in case
bearing FIR No.19 dated 09.03.2015, under Sections 148, 149 & 302 IPC
and Sections 25 & 27 of the Arms Act, registered at Police Station Khem
Karan, District Tarn Taran, inter alia stating that the same is nothing but a
sheer misuse of process of law.
On 28.09.2017, following order was passed by this Court:-
"Present petition under Section 482 Cr.P.C. for seeking quashing of order dated 27.7.2015, passed by learned Additional Sessions Judge, Tarn Taran, whereby petitioner was declared as proclaimed offender/person.
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Learned counsel for the petitioner contended that petitioner was arrested on 23.1.2016 and since then he is in custody and as such, the impugned order, declaring the petitioner as proclaimed offender, ceases to operate. Reliance has been placed upon the judgment rendered by the Co-ordinate Bench of this Court in Smt. Deeksha Puri v. State of Haryana 2013(1) RCR (Criminal) 159.
Notice of motion.
On asking of the Court, Mr. A.S. Sandhu, Deputy Advocate General, Punjab accepts notice on behalf of respondent. A copy of paper book be provided to learned counsel for the respondent(s) during the course of the day.
List on 22.1.2018"
No one appeared on behalf of the petitioner on 18.11.2022 and
21.11.2022. Today also, there is no representation on behalf of the
petitioner.
Learned counsel for respondent No.2 submits that the present
petition has become infructuous in view of judgment dated 09.02.2021,
passed by the Sessions Judge, Tarn Taran, vide which the petitioner herein
has been acquitted in the present case. Copy thereof is supplied in Court
today, which is taken on record, subject to all just exceptions.
The aforesaid fact of acquittal of the petitioner in this case is
also not disputed by learned State counsel.
In view of the above, the present petition is dismissed as having
been rendered infructuous.
12.12.2022 (HARSH BUNGER)
Apurva JUDGE
1. Whether speaking/reasoned : Yes/No
2. Whether reportable : Yes/No
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