Gagandeep Saini vs State of Punjab and Another

Daya Chaudhary, J.—The present petition has been filed u/s 482 Cr. P.C. for quashing of FIR No. 40 dated 22.04.2007 registered under Sections 325, 324, 323, 447 read with Section 34 of Indian Penal Code at Police Station City, Hoshiarpur and also for quashing of order dated 30.11.2009, vide which, the petitioner has been declared proclaimed offender. Learned counsel for the petitioner submits that the co-accused of the petitioner have been acquitted of the charge by the trial Court by giving benefit of doubt vide judgment dated 20.11.2012 and that has attained finality as judgment of acquittal has not been challenged before any Court. Learned counsel also submits that the case of the petitioner is at par that of the co-accused.

Admittedly, the petitioner has been declared proclaimed offender and FIR cannot be quashed. Although co-accused of the petitioner have been acquitted by the trial Court and the case of the petitioner has been stated to be at par with the case of the co-accused. The petitioner has been declared proclaimed offender so, FIR cannot be quashed, hence the prayer for quashing of FIR is declined.

However, qua to claim of quashing of the order dated 30.11.2009, vide which, the petitioner has been declared proclaimed offender, in case, the petitioner surrenders before the trial Court within a period of one month from the date of receipt of copy of the order, he shall be released on interim bail to the satisfaction of the trial Court. Trial Court is also directed to expedite the trial preferably within a period of 6 months. Disposed of accordingly.