CourtKutchehry.com
High CourtsSingle Bench

Sarabjit Kaur vs State of Punjab and Another

Punjab And Haryana At Chandigarh · Decided on 12 December 2011 · Citation: (2011) 12 P&H CK 0111

HON’BLE JUDGES
Alok Singh, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 82(4) · Penal Code, 1860 (IPC) — Section 109, 34, 341, 494, 506
CASE NUMBER
CRM No. M 17433 of 2011
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

7 paragraphs · 315 words

Alok Singh, J.—Petitioner has filed this petition for quashing the order dated 6.4.2011 declaring the petitioner as proclaimed offender in a Criminal Complaint No. 17 dated 6.6.2005 tiltled as Satnam Singh Versus Sarabjit Kaur and others for offences punishable under Sections 494/109/341/506/34 IPC.

2.

Petitioner was on bail but on the date fixed she could not appear before the trial Court and moved an application seeking exemption from personal appearance which was rejected and ultimately she was declared proclaimed offender.

3.

Learned counsel for the petitioner while referring to sub-section (4) of Section 82 Cr.P.C. has vehemently argued that for the offences punishable under Sections 494/109/341/506/34 IPC petitioner could not be declared proclaimed offender in view of sub-section (4) of Section 82 Cr.P.C. He has placed reliance on the judgment passed by learned Single Judge of this Court in the case of Satinder Singh Vs. State of U.T. Chandigarh and another, reported in 2011 (2) R.C.R. (Criminal) 89.

4.

Learned counsel for the petitioner undertakes that petitioner shall appear/surrender before the trial court on 4.1.2012.

5.

Learned Single Judge of this Court in the matter of Satinder Singh (supra) has held that Magistrate could not declare accused as prolcaimed offender as she was not accused of any of offences specified under sub-section (4) of Section 82 Cr.P.C. In the present case also petitioner is not accused of any offences specified under sub-section (4) of Section 82 Cr.P.C., therefore, order impugned is bad in law.

6.

Order impugned stands set aside. However, as indicated by learned counsel for the petitioner, petitioner shall remain present before the trial court on 4.1.2012. If petitioner appears/surrenders before the learned Magistrate on 4.1.2012, she shall be released on bail on furnishing personal bonds and surety bonds to the satisfaction of the learned Magistrate. Thereafter, learned Magistrate shall proceed with the trial in accordance with law.

7.

Petition stands disposed of.