Disposed

Lehmber Singh v. State of Punjab & Anr.

Punjab & Haryana HC20 Dec 2011CRM-M/38166/2011

Case brief

AI extract

What is this about?

The Court dismissed the petition for quashing of FIR as the petitioner is a proclaimed offender. However, it directed that if the petitioner surrenders within 15 days, his bail application will be decided on the same day.

What did the court decide?

The petition was disposed of; petitioner directed to surrender within 15 days to get bail application disposed of immediately.

Lehmber Singh Vs State of Punjab & Anr. — Criminal Trial and Appeal | Punjab & Haryana HC (2011)

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Criminal Misc. No. M-38166 of 2011

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In the High Court of Punjab and Haryana, at Chandigarh

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Criminal Misc. No. M-38166 of 2011

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Date of Decision: 20.12.2011

Lehmber Singh

... Petitioner

Versus

State of Punjab and Another

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... Respondents

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CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.

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Present: Mr. G.S. Sandhu, Advocate for the petitioner.

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Kanwaljit Singh Ahluwalia, J. (Oral)

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The present petition has been filed under Section 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.

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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

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Criminal Misc. No. M-38166 of 2011

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purpose.

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

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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.

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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.

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(Kanwaljit Singh Ahluwalia) Judge

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December 20, 2011 “DK”

Lehmber Singh v. State of Punjab & Anr.

Case brief

What is this about?

What did the court decide?

Lehmber Singh v. State of Punjab & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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