Devender vs State Of Haryana
2022 Latest Caselaw 6555 P&H

                    CRM-M-27144-2022(O&M)                  [1]


         IN THE HIGH COURT OF PUNJAB AND HARYANA
                      AT CHANDIGARH

                                 Criminal Misc. No.M-27144 of 2022(O&M)
                                            Date of Decision: July 11, 2022

Devender                                                     ...Petitioner

                                         Versus

State of Haryana                                             ...Respondent


CORAM: HON'BLE MR. JUSTICE HARINDER SINGH SIDHU
           --

Present: -   Mr.Sandeep Gahlwat, Advocate for the petitioner.

             Mr.Saurabh Girdhar, AAG, Haryana.
                  -

HARINDER SINGH SIDHU, J.

By filing the present petition, the petitioner has challenged the

order dated 31.05.2017 (Annexure P-1), whereby, one Situ s/o Satyawan r/o

Village Dhanana, District Sonepat was declared proclaimed person in case

FIR No.58 dated 14.04.2015 under Sections 147, 149, 283 and 341 IPC,

Police Station Lakhan Majra, District Rohtak.

It is the case of the petitioner that Police is connecting him with

the crime as the father's name of the petitioner is also 'Satyawan' and

alleging that the petitioner is also known as 'Situ'.

Ld. Counsel for the petitioner has contended that the petitioner

is serving in Indian Army since 15.09.2012 and he is known by only one

name i.e. 'Devender'. The petitioner was not named in the FIR. After the

passing of the impugned order, the trial commenced in the aforesaid case

and seven prosecution witnesses were examined. Vide judgment dated

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CRM-M-27144-2022(O&M) [2]

08.05.2019, all the persons who faced trial, were acquitted by the Ld.Trial

Court.

It is argued that the petitioner was never served in the case.

The bailable and non-bailable warrants issued by the court in the name of

'Situ' were never executed upon the petitioner and it was reported that the

said person 'Situ' is not tracable in the village. On the non-bailable warrants

issued for 10.08.2016, it was specifically reported by the serving official

ASI Narender Singh that "No person by the name of Situ s/o Satyawan was

found.". It is stated that the petitioner was not aware of any proceedings

pending against him and he was never served by any notice or warrants.

The petitioner is ready and willing to appear before the Ld. Trial Court.

Having considered the facts and circumstances of the case,

particularly the fact that all persons, who faced the trial in the said case,

have already been acquitted, this petition is disposed of with the observation

that the petitioner may appear before the Ld.Trial court/Ilaqa Magistrate on

or before 09.08.2022. On his doing so, he shall be released on interim bail

by the Court to its satisfaction.

Meanwhile, the Warrant of Arrest issued against the petitioner

may not been given effect to.

July 11, 2022                              (HARINDER SINGH SIDHU)
gian                                               JUDGE

                  Whether Speaking / Reasoned       Yes

                  Whether Reportable              Yes / No




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