Petitioners challenged a proclamation order under CrPC Sec. 482. Since they had already been granted bail by the trial court pursuant to a prior order of this Court, the petition was held infructuous and dismissed.
Petition dismissed as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Criminal Misc. No. M-16807 of 2011 (O&M)
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No. M-16807 of 2011 (O&M) Date of decision: 12.10.2011.
Sukhdeep Singh and another
..Petitioners
Versus
State of Punjab and another Respondents
CORAM: HON'BLE MR. JUSTICE NAWAB SINGH
Present: Mr. Krishan Sehajpal, Advocate, for the petitioners.
Mr. J.S. Bhullar, A.A.G., Punjab, for respondent No.1 – State.
None for respondent No.2.
NAWAB SINGH, J. (ORAL)
By filing this petition under Section 482 of the Code of Criminal Procedure, petitioners seek quashing of order dated October 29th , 2007 passed by Judicial Magistrate First Class, Phillaur (Annexure P-4), whereby, they were declared proclaimed offender and First Information Report No.115 dated September 27th , 2006 under Sections 148, 307, 324 and 326 read with Section 149 of Indian Penal Code, Police Station Goraya, District Phillaur (Annexure P-7).
following order: -
“xxx xxx xxx
Meanwhile, petitioners shall appear before the trial Court on or before September 27th , 2011 and move an application for bail and trial Court shall admit them to bail to its satisfaction till
Criminal Misc. No. M-16807 of 2011 (O&M)
2
further orders.
xxx xxx
xxx”
12.10.2011 (NAWAB SINGH) neetu JUDGE
1 issue framed by the court
Whether criminal miscellaneous petition for quashing proclamation order as weapon to prevent abuse of process remains maintainable after petitioners admit to bail.
1 provisions across 1 enactments
Sukhdeep Singh and another
State of Punjab and another
Nawab Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
