Raman Kumar vs State of Punjab and Others

Nirmaljit Kaur, J.—This is a petition u/s 482 Code of Criminal Procedure for setting aside the order dated 05.12.2009, vide which, the present Petitioner has been declared proclaimed offender by the Court of Judicial Magistrate Ist Class, Amritsar and has been declared innocent by the police on the basis of presentation of supplementary challan u/s 173(8) of the Code of Criminal Procedure on 10.01.2011.

Learned Counsel for the Petitioner contends that the Petitioner was declared proclaimed offender on 05.12.2009 by the Judicial Magistrate Ist Class, Amritsar. Thereafter, the wife of the Petitioner filed representation seeking fresh enquiry and also filed Crl. Misc. No. M-31222 of 2009. The same was disposed of with a direction to Senior Superintendent of Police, Amritsar Rural, to decide the representation of the Petitioner within two months from the receipt of certified copy of this order. It is further contended that thereafter, fresh enquiry was conducted and the Petitioner was found innocent. A supplementary challan u/s 173(8) of the Code of Criminal Procedure has been filed on 10.01.2011 to the said effect.

Be that as it may, there is no explanation forthcoming as to why the Petitioner did not surrender before the Court after the earlier challan was filed.

In view of the above, at this stage, no ground to quash the order dated 05.12.2009 passed by Judicial Magistrate Ist Class, Amritsar, is made out. However, in case, the Petitioner surrenders before the trial Court within ten days from the receipt of a copy of this order and files his application for bail, the same shall be decided within two days thereafter.