Disposed

Amar Singh v. State of Punjab & Ors.

Punjab & Haryana HC18 May 2009CRM-M/13437/2009

Case brief

AI extract

What is this about?

The High Court refused to quash the FIR against a proclaimed offender despite the acquittal of co-accused. Instead, the Court directed the petitioner to appear before the Illaqa Magistrate within one month under threat of dismissal, promising bail release upon compliance and a one-year trial limit.

What did the court decide?

Direction to appear before Illaqa Magistrate within one month; bail release upon appearance and furnishing bonds; trial to conclude within one year; dismissal if clock runs out.

Amar Singh Vs State of Punjab & Ors. — Quashing and FIR | Punjab & Haryana HC (2009)

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Cr.Misc. NO. M 13437 of 2009

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Cr.Misc. NO. M 13437 of 2009 DATE OF DECISION 18.5.2009

Amar Singh

......PETITIONER

VERSUS

State of Punjab

......RESPONDENTS

PRESENT: Mr. DK Bhatti, Advocate

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M.M.S.BEDI,J.

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Notice of motion to respondents 1 and 2. At the asking of the court Mr. Abishek Chautala, AAG, Punjab accepts notice. Copy of the petition has been supplied to him.

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The petitioner seeks quashing of FIR No. 263 dated 1.10.1998 registered u/s 406/420/468/471/120B IPC at P.S. Nakodar, District Jalandhar inter alia on the ground that his co-accused have already been acquitted vide order dated 16.12.2008 (Annexure P-4) by the learned SDJM, Nakodar. Since the petitioner has been a proclaimed offender, he could not derive the benefit of judgment (Annexure P-4) unless until he surrenders before the court of competent jurisdiction to face trial. No ground is made out for quashing of the FIR against the petitioner but in view of the fact that the co-accused of the petitioner have already been acquitted, the only relief which can be granted to the petitioner is to direct him to appear before the Illaqa Magistrate to face trial pursuant to supplementary challan presented against him by safe-guarding his liberty. This indulgence can only be shown, if the petitioner shows his bona fide by putting an appearance before the Illaqa Magistrate.

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Cr.Misc. NO. M 13437 of 2009

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This petition is disposed of with a direction that the petitioner will put in appearance before the Illaqa Magistrate within a period of one month. In case ofhis doing so, he will be released on bail on his furnishing bail bonds to the satisfaction of the said court. Thereafter, it will be open to the prosecution agency to present supplementary challan against him. In case the supplementary challan is presented against the petitioner, the Illaqa Magistrate or any other Magistrate trying the case would conclude the trial within a period of one year. It is made clear that in case the petitioner does not put in appearance before the Illaqa Magistrate within a period of one month, as directed herein above, this petition will be deemed to have been dismissed in toto.

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May 18 ,2009 TSM

Amar Singh v. State of Punjab & Ors.

Case brief

What is this about?

What did the court decide?

Amar Singh v. State of Punjab & Ors.

Case brief

What is this about?

What did the court decide?

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