Punjab-Haryana High Court
Gurwinder Singh And Anr vs State Of Punjab And Others on 16 November, 2023
Neutral Citation No:=2023:PHHC:145818
269-2 2023:PHHC:145818
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-26699-2022
Date of decision : 16.11.2023
Gurwinder Singh @ Ginda and another
.....Petitioners
versus
State of Punjab and others
.....Respondents
CORAM : HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present: Mr. Vikas Bali, Advocate
for the petitioners.
Mr. Harkanwar Jeet Singh, A.A.G., Punjab.
Ms. Ravisha Mahajan, Advocate
for respondents No.2 & 3.
JASJIT SINGH BEDI, J. (Oral)
The prayer in the present petition is for quashing of FIR
No.231 dated 12.09.2017 under Sections 307 & 34 of IPC read with
Sections 27-54-59 of Arms Act, registered at Police Station Adampur,
District Jalandhar (Annexure P-1) and all subsequent proceedings arising
therefrom on the basis of compromise dated 26.10.2018 (Annexure P-9).
It has been brought to the notice of this Court that the
petitioners are proclaimed offenders and are residing in USA. In the
connected petition for quashing of the order dated 10.04.2018, whereby
the petitioners have been declared proclaimed offenders, the following
order was passed:-
"The prayer in the present petition is for quashing of order dated
10.04.2018 (Annexure P-16) whereby the petitioners have been declared
proclaimed offenders in the trial arising out of FIR No.231 dated
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12.09.2017 under Sections 307 & 34 of IPC read with Section 27-54-59
of Arms Act, registered at Police Station Adampur, District Jalandhar.
On 08.03.2022, the following order was passed:-
'Present petition has been filed seeking quashing of
impugned order dated 10.4.2018 passed by the trial Court
whereby the petitioners were declared PO in criminal case
having FIR No.231 dated 12.9.2017 registered under
Sections 307/34 IPC read with Section 27 Arms Act, Police
Station Adampur District Jalandhar. The counsel for the
petitioner contended that at the relevant time both the
petitioners were not available in India and even now they
are residing in USA and are represented by their attorneys.
It is further contended that accused who faced trial have
also been acquitted vide judgments Annexure P-20 and
Annexure P-21. The counsel for petitioners further
submitted that petitioners are ready to join proceedings in
the trial Court in case they are granted interim protection
by this Court.
Notice of motion.
On the asking of the Court, Mr. A.K. Kaundal, DAG,
Punjab accepts notice on behalf of State of Punjab and Mr.
Bishan Kumar, Advocate for respondent No.2 and 3.
Counsel for private respondents pleaded no
objection in case permission is given to the petitioner to
appear before the trial Court.
The State counsel prays for time to seek necessary
instructions.
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In the meanwhile the petitioners are directed to
appear before the trial Court within next 3 months and on
their appearance they are directed to be released on
interim bail by the concerned Court to its own satisfaction.
Now be listed on 9.8.2022.'
Despite the direction by this Court that petitioners were to
surrender before the trial Court, the petitioners who are stated to be
residents of USA have not returned back in compliance of the
aforementioned order.
In view of the above, I find no merit in the present petition
and the same stands dismissed."
In view of the above, I find no merit in the present petition
and the same stands dismissed
November 16, 2023 (JASJIT SINGH BEDI)
ps-I JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
Neutral Citation No:=2023:PHHC:145818
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