Happy vs State Of Punjab
2023 Latest Caselaw 19977 P&H

                                                           Neutral Citation No:=2023:PHHC:146103




                                                                    2023:PHHC:146103


117         IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH


                                                   CRM-M-57659-2023
                                                   Date of decision: 17.11.2023


Happy                                                                  ....Petitioner

                                       Versus

State of Punjab                                                      ...Respondent


CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:    Mr. Nikhil Kumar, Advocate
            for the petitioner.

            Ms. Navreet Kaur Barnala, AAG, Punjab.

HARPREET SINGH BRAR, J. (ORAL)

This petition has been filed under Section 482 Cr.P.C. seeking

quashing of impugned order dated 15.02.2010 (Annexure P-1) passed by the

learned SDJM, Phillaur, whereby, the petitioner has been declared as

proclaimed offender in a case bearing FIR No.124 dated 18.06.2008 under

Sections 323/324/452/34 of IPC registered at Police Station Phillaur, District

Jalandhar Punjab.

Learned counsel for the petitioner inter alia contends that the

offence in which the FIR was lodged are bailable in nature and the petitioner

was never called by the Investigating Agency when the challan was presented,

thereafter, the petitioner went abroad in the year 2009. The petitioner was never

served with the summons and he has been declared as a proclaimed offender

without following the procedure prescribed under Section 82 of Cr.P.C.

Learned counsel for the petitioner further relies upon the judgment

passed by the learned SDJM, Phillaur, on 15.02.2013 vide which the co-

1 of 2

Neutral Citation No:=2023:PHHC:146103

2023:PHHC:146103

accused, namely, Gurpreet Kumar and Raj Kumar had been acquitted.

Learned counsel for the petitioner wishes to withdraw this petition

with liberty to file regular bail application before the learned trial Court within a

period of two weeks.

Dismissed as withdrawn with the liberty aforesaid.

In case, the petitioner surrenders and files his regular bail

application in a case bearing FIR No.124 dated 18.06.2008 under Sections

323/324/452/34 of IPC registered at Police Station Phillaur, District Jalandhar

Punjab, the same be decided within a period of three days.

                                               (HARPREET SINGH BRAR)
                                                     JUDGE
17.11.2023
Neha

             Whether speaking/reasoned         :     Yes/No
             Whether reportable                :     Yes/No

Neutral Citation No:=2023:PHHC:146103

2 of 2