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Jagdish Parshad vs State of Punjab and another

Punjab And Haryana At Chandigarh · Decided on 6 March 2012 · Citation: (2012) 03 P&H CK 0089

HON’BLE JUDGES
Daya Chaudhary, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 482 · Penal Code, 1860 (IPC) — Section 120B, 406, 420
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous No. M-6296 of 2012 (O and M)
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Judgment

7 paragraphs · 340 words

Daya Chaudhary, J.

Crl. Misc. No. 13278 of 2012

Application is allowed as prayed for.

Crl. Misc. No. M-6296 of 2012

1.

The present petition u/s 482 Cr.P.C. has been filed on behalf of Jagdish Parshad for quashing of FIR No. 58 dated 30.3.1998 registered under Sections 420, 406, 120-B IPC at Police Station City Moga-I and order dated 29.1.1999, vide which, he has been declared proclaimed offender.

2.

Learned counsel for the petitioner contends that the petitioner has wrongly been declared Proclaimed Offender as he was never served and was not residing at the given address and the absence of the petitioner from the Court proceedings was not willful. The petitioner never avoided the service of the Court proceedings and he was declared proclaimed offender without following the proper procedure. Learned counsel further contends that the petitioner is ready to surrender before the trial Court and join the Court proceedings. Learned counsel also submits that moreover co-accused of the petitioner has been acquitted by the trial Court vide its judgment dated 13.6.2008 and the allegations against the petitioner are of the similar nature.

3.

In view of the submissions made by learned counsel for the petitioner and the fact that the petitioner was declared PO, the FIR cannot be quashed. However, keeping in view the fact that the petitioner is ready to face the trial and co-accused of the petitioner has already been acquitted of the charges, the present petition is disposed of with a direction to the petitioner to surrender before the trial Court on or before 28.3.2012 and in case he surrenders before the trial Court, he shall be released on bail on his furnishing bail bond and surety bond to the satisfaction of the trial Court. The trial Court is also directed to expedite the trial and conclude the same within a period of six months. In case, the petitioner does not appear before the trial Court within the stipulated period as mentioned above in the order, this petition will be deemed to have been dismissed.