Lehmber Singh vs State of Punjab and Another

Kanwaljit Singh Ahluwalia, J.—The present petition has been filed u/s 482 Cr.P.C. seeking quashing of FIR No. 495 dated 12.12.2003, registered at Police Station Nakodar, District Jalandhar, under Sections 452, 294, 295, 427, 323, 148 and 149 IPC along with all consequential proceedings and the order dated 4.12.2010 (Annexue P3), passed by the Court of Sub Divisional Judicial Magistrate, Nakodar.

Learned counsel for the petitioner submits that co-accused of the petitioners have been acquitted vide judgment dated 1.10.2011 (Annexure P2), passed by the Court of Sub Divisional Judicial Magistrate, Nakodar, therefore, trial of the petitioner will be futile. He further submits that the petitioner is ready and willing to face the trial and since the trial has to end in smoke, his detention will not serve any purpose.

Issue notice of motion to respondent No.1/State.

On asking of the Court, Mr. J.S. Sandhu, Assistant Advocate General, Punjab, accepts notice on behalf of respondent No.1. A copy of petition has been supplied to him, who has gone through its contents.

During the course of arguments, it has emerged that the petitioner was declared as a Proclaimed Offender, therefore, this Court will not come to his rescue by quashing the impugned FIR, as prayed for. However, considering the fact that co-accused of the petitioner have been acquitted, the present petition is disposed of with a direction that in case the petitioner surrenders before the trial Court within 15 days from today, his regular bail application shall be decided on the same day. Needless to say that the petitioner will be at liberty to urge before the trial Court that his detention will not advance any cause of justice and in case trial Court agree with this contention, it may bind petitioner with heavy sureties.