Dismissed

Gurpreet Singh Alias Gopi v. State of Punjab

Punjab & Haryana HC22 Feb 2021CRM-M/4572/2021

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition seeking quashing of an FIR and proclamation order. The Court held that Section 482 Cr.P.C. power is not exercisable against an absconding accused declared a proclaimed offender, directing the petitioner to surrender and apply for regular bail.

What did the court decide?

Petition dismissed; directed to surrender in trial Court and move application for regular bail within 15 days.

Gurpreet Singh Alias Gopi Vs State of Punjab — Bail and Remand | Punjab & Haryana HC (2021)

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CRM-M-4572 of 2021

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-4572 of 2021 DATE OF DECISION :- February 22, 2021

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Gurpreet Singh alias Gopi ...Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE H.S. MADAAN

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Present :- Mr. Tejinder Pal Singh, Advocate for the petitioner.

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The case has been taken up through Video Conferencing.

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By way of filing the present petition, petitioner Gurpreet Singh alias Gopi son of Shri Joga Singh, aged about 35 years, resident of village Uppal Khalsa, Police Station Noormahal, District Jalaldhar, presently residing at Via Maestri Del Lavoro No. 4, 37047, San Bonifacio, Italy, who has been declared as a proclaimed offender in case F.I.R No. 298 dated 17.12.2007 under Sections 307, 506, 148, 149 IPC (Section 323 IPC added later on) and Sections 25, 27 of the Arms Act registered with Police Station Banga, District Nawanshahr seeks quashing of the F.I.R as well as the order declaring him proclaimed offender.

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This petition is not maintainable since in a judgment passed by a coordinate Bench in case titled 'Mehnga Singh versus State of Punjab 2002(1) CLJ (Criminal) 302' it was observed that when an accused has been declared as a proclaimed offender petition against the order under Section 482 Cr.P.C. is not maintainable, the accused should first move the Court PARVINDER SINGH 2021.02.22 15:36 I attest to the accuracy and integrity of this document Chandigarh

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CRM-M-4572 of 2021

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who had declared him a proclaimed offender and even an objection against validity of proclamation is required to be raised in the first instance before the Court which issued the proclamation and power under Section 482 Cr.P.C. is not to be exercised in favour of a person who is absconding or avoiding service. In the judgment 'State of Madhya Pradesh versus Pradeep Sharma 2014(1) R.C.R. (Criminal) 269' the Hon'ble Supreme Court of India has observed that when an accused is absconding and has been declared as a proclaimed offender in terms of Section 82 Cr.P.C. then such accused should not be granted anticipatory bail.

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Accordingly, the petition is dismissed. The petitioner is directed to surrender in the trial Court and move an application for regular bail. In the event of petitioner doing so within a period of 15 days from today then the trial Court would make earnest efforts to dispose of the said application for regular bail expeditiously.

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(H.S. MADAAN) JUDGE February 22, 2021 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No

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PARVINDER SINGH 2021.02.22 15:36 I attest to the accuracy and integrity of this document Chandigarh

Gurpreet Singh Alias Gopi v. State of Punjab

Case brief

What is this about?

What did the court decide?

Gurpreet Singh Alias Gopi v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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