Punjab-Haryana High Court
Arvind Kumar Alias Arvind Kumar ... vs State Of Punjab on 11 January, 2024
Author: Vikas Suri
Bench: Vikas Suri
Neutral Citation No:=
2024:PHHC:003207
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
225
CRM-M-29196-2023
Date of Decision: 11.01.2024
Arvind Kumar @ Arvind Kumar Chaudhary
...Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE VIKAS SURI
Present:- Mr. Dinesh Mahajan, Advocate,
for the petitioner.
Mr. Rohit Arya, DAG, Punjab.
*****
VIKAS SURI, J. (Oral)
1. This is a petition under Section 482 Cr.P.C. for quashing of
order dated 26.02.2018 (Annexure P-5) passed in case FIR No.40 dated
06.09.2016, under Section 25 of Arms Act, registered at Police Station GRP
Pathankot, District Pathankot.
2. Vide order dated 22.09.2023, petitioner was directed to deposit
an amount of `5,000/- as costs and surrender before the trial Court within a
period of two weeks. The operative part of the said order reads as thus:-
"Learned counsel for the petitioner inter alia
submits that the proclamation is not as per the
mandate of Section 82 Cr.P.C. He refers to the
interlocutory order dated 25.01.2018, wherein
statement of serving official has been reproduced. It
is contended that the proclamation was ordered to be
issued for 25.01.2018 and the conceded case is that
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CRM-M-29196-2023 -2- 2024:PHHC:003207
the publication was made on 19.01.2018 and thus,
condition of mandatory period of 30 days is not
fulfilled. Referring to discharge summary (Annexure
P-6) from Jawarhar Lal Nehru Medical College,
Aligarh Muslim University, Neurosurgery
Department, it is further submitted that the petitioner
belongs to another State, where he suffered head
injury on account of an assault on him and had
remained admitted to hospital as well. It is further
submitted that the petitioner was young boy of 20
years at the time of alleged occurrence, who had
come to the State of Punjab to earn his livelihood and
does not have a stable or strong financial means. The
petitioner is keen to join proceedings once again and
face trial.
Notice of motion.
Mr. Subhash Godara, Addl. A.G., Punjab,
accepts notice on behalf of the respondent-State and
waives service. He seeks time to file reply/status
report.
In the meanwhile, petitioner is directed to
deposit an amount of Rs.5,000/- as costs with
'Punjab and Haryana High Court Bar Association
Benevolent Fund' and surrender before the trial
Court concerned within a period of two weeks from
today. In case the petitioner surrenders before the
trial Court and moves an appropriate application for
bail along with receipt of above said costs, he be
enlarged on interim bail subject to his furnishing
bail-bond and surety bonds to the satisfaction of the
trial Court.
To enable the petitioner to put in appearance
before the Court below, his arrest pursuant to the
impugned proceedings shall remain stayed till
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CRM-M-29196-2023 -3- 2024:PHHC:003207
05.10.2023.
Needless to observe that in case the petitioner
fails to comply with the above said direction, the
protection granted herein shall cease to exist."
Learned counsel for the petitioner submits that the costs have
been deposited against receipt dated 28.09.2023 and the petitioner has
surrendered before the trial Court in compliance of the aforesaid order
passed by this Court. During the pendency of the present petition, vide
judgment dated 03.11.2023, petitioner has been convicted and sentenced to
undergo imprisonment for the period already undergone by him. It is
submitted that in view of the same, the present petition has served its
purpose and the same has been rendered infructuous. It is prayed that the
same be disposed of as such.
Learned State counsel does not dispute the submissions made
by learned counsel for the petitioner and passing of judgment dated
03.11.2023 noticed above.
In the light of the above, the present petition is disposed of as
having been rendered infructuous.
( VIKAS SURI )
January 11, 2024 JUDGE
harish
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
Neutral Citation No:=
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