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Amrik Singh vs State of Punjab and Others

Punjab And Haryana At Chandigarh · Decided on 24 December 2010 · Citation: (2010) 12 P&H CK 0435

HON’BLE JUDGES
Jaswant Singh, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 482, 82 · Penal Code, 1860 (IPC) — Section 148, 149, 323, 324, 452
CASE NUMBER
Criminal M. No. 38259-M of 2010
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Judgment

5 paragraphs · 337 words

Jaswant Singh, J.—Prayer u/s 482 Cr.P.C is for quashing of FIR No. 139 dated 24.8.2002 under Sections 323/324/452/148/149 IPC, P.S Balachaur, District Nawanshahr and all subsequent proceedings arising out of the FIR on the basis of compromise (P.3).

2.

It is stated that in this case Petitioner-accused Amrik Singh left for abroad in the year 2002 and since his residential address was not available, proclamation of the accused-Petitioner u/s 82 Cr.P.C was ordered to be issued vide order dated 17.2.2003 by learned SDJM, Balachaur and thereafter the Petitioner was declared as proclaimed offender on 12.4.2003 by learned Sub Divisional Judicial Magistrate, Balachaur. It is further stated that other co-accused of the Petitioner were charge sheeted and put to trial before the learned trial Court. It is further submitted that the genesis of the occurrence was over a trivial issue, which was resolved by the parties by entering into a compromise on the basis of which five other co-accused of the Petitioner were acquitted by the learned trial Court vide judgment and order dated 9.12.2004 (P.2) passed by learned SDJM, Balachaur.

3.

Learned Counsel at the time of arguments has not pressed the prayer for quashing of the FIR and all subsequent proceedings and states that the Petitioner is ready and willing to surrender before the trial Court and join the proceedings. It is prayed that trial Court may be directed to expedite the trial.

4.

In view of the aforesaid facts, this petition is disposed of with a direction that in case the Petitioner surrenders before the trial Court on or before 24.1.2011, he shall be released on regular bail on his furnishing bail bonds to the satisfaction of the trial Court. Further, learned trial Court is directed to conclude the trial expeditiously, preferably within six months from the date of receipt of a copy of this order. The trial Court shall also be at liberty to seek extension of time if the situation so warrants.

5.

With the aforesaid directions, the present petition stands disposed of.