Punjab-Haryana High Court
Amritpal Singh vs State Of Punjab on 23 January, 2024
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
Neutral Citation No:=2024:PHHC:008817
126 2024:PHHC:008817
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-3448-2024
DECIDED ON:23.01.2024
AMRITPAL SINGH .....PETITIONER
VERSUS
STATE OF PUNJAB .....RESPONDENT
CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL
Present: Mr. Manbir Singh Basra, Advocate and
Mr. Gurnoor Singh, Advocate for the petitioner.
SANDEEP MOUDGIL, J (ORAL)
The jurisdiction of this Court has been invoked under Section 482
Cr.P.C., for quashing of the order dated 09.07.2019 (Annexure P-2) passed by the
Judicial Magistrate Ist Class, Gurdaspur vide which the petitioner was declared
proclaimed person in FIR No.72 dated 19.04.2013, under Sections 452, 342, 427,
506 and 34 of IPC, registered at Police Station City Gurdaspur, District Gurdaspur.
Learned counsel for the petitioner submits that the petitioner was
declared innocent by the Investigating Agency and was subsequently summoned
under Section 319 Cr.P.C. It is also the case set forth by the petitioner that he went
to Canada and could not put appearance in the case since he was declared innocent
and above all the other co-accused persons namely Raghbir Singh, Jagpreet Singh
and Balwinder Singh after facing trial stands acquitted vide judgment of acquittal
dated 14.01.2022 (Annexure P-1). Due to non-appearance of the petitioner, he was
declared proclaimed person vide order dated 09.07.2019 passed by JMIC
Gurdaspur, whereas no procedure has been followed by the trial Court before
passing the aforesaid order, as laid down under Section 82 Cr.P.C., since no written
proclamation was made.
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Neutral Citation No:=2024:PHHC:008817
Learned counsel for the petitioner submits that the petitioner returned
back to India a week before and came to know with regard to passing of order dated
09.07.2019. He could not assert the exact date of his return.
Learned counsel for the petitioner submits that the petitioner is ready
and willing to surrender before the trial court and join the proceedings for
furtherance of trial qua him.
Notice of motion.
On the asking of Court, Mr. H.S. Sitta, DAG Punjab, accepts notice on
behalf of respondent-State, who informs the Court that though the other co-accused
persons have been acquitted, but the petitioner are absconding and has been rightly
declared proclaimed person, since he went to Canada, even after summoning under
Section 319 Cr.P.C., which was passed at his back, when he was in Canada.
Be that as it may without going into the merits of the case any further
in furtherance of justice and to bring the trial to a logical conclusion, since the other
co-accused persons stands acquitted vide judgment dated 14.01.2022 (Annexure P-
1), it would be in the interest of substantial justice that the order dated 09.07.2019
(Annexure P-2) is ordered to be kept in abeyance subject to the petitioner
surrendering before the trial Court on or before 03.02.2024. In case the petitioner
surrenders before the trial Court and moves an application seeking bail, the same
shall be considered and decided by the trial Court in accordance with law on that
very day.
Petition stands disposed of.
(SANDEEP MOUDGIL)
23.01.2024 JUDGE
Meenu
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
Neutral Citation No:=2024:PHHC:008817
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