Disposed

Sunil Kumar Alias Sanju v. State of Punjab and Another

Punjab & Haryana HC20 Dec 2024CRM-M/34765/2024

Case brief

AI extract

What is this about?

Petition under Section 482 Cr.P.C. sought quashing of an order declaring the petitioner a Proclaimed Absconder in FIR No.33 under Sections 363, 366 and 120-B IPC. The court set aside the order subject to costs of Rs.20,000/-, directed surrender and bail; petitioner surrendered and was released on bail; petition disposed of.

What did the court decide?

Impugned order dated 01.4.2024 declaring petitioner a Proclaimed Absconder set aside subject to Rs.20,000/- costs; petitioner surrendered and released on bail.

Sunil Kumar Alias Sanju Vs State of Punjab and… — Quashing and FIR | Punjab & Haryana HC (2024)

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CRM-M-34765-2024

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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132-II

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Criminal Misc. No. M-34765 of 2024 Date of decision :-20.12.2024

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Sunil Kumar @ Sanju

…..Petitioner

Versus

State of Punjab

…..Respondent

CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA

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Present:Mr. Ankut Gupta, Advocate for the petitioner.

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Mr. Kunwarbir Singh, AAG , Punjab.

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NIDHI GUPTA J. (Oral)

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Prayer in this petition filed u nder Section 482 Cr.P.C. is for quas h ing of order dated 01.4.2024 ( A nnexure P-3) passed by the Judicial M agistrate 1^st Class, in FIR No.3 3 dated 26.4.2023 (Annexure P-1) und e r Sections 363 and 366 IPC ( o ffence under Section 120-B IPC added later on), registered at Police Station Chabbewal, District Hoshiarp u r, whereby the petitioner has b een declared as Proclaimed Abscond e r.

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On the last date of hearing i.e. 26.11.2024, the following order wa s passed by this Court :-

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“Prayer in thi s petition is for quashing of the impugned order d a ted 01.4.2024 (Annexure P- 3) passed by the Jud i cial Magistrate 1^st Class in FIR No.33 dated 26. 4 .2023 (Annexure P-1) under Sections 363 and 36 6 IPC (offence under Section

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VIJAY ASIJA 2024.12.20 17.45 I attest to the accuracy and integrity of this document

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CRM-M-34765-2024

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120-B IPC added la t er on), registered at Police Station Chabbewal, D istrict Hoshiarpur, whereby the petitioner has b e en declared as Proclaimed Absconder.

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Learned counsel for the petitioner, inter alia, submits that n on-bailable warrants were issued against the p etitioner vide zimni order (Annexure P-2 colly. ) at page 17 of the paper book. It is submitted t hat admittedly the said nonbailable warrants is s ued against the petitioner remained un-execute d as is evident from the zimni order dated 02.11.20 2 3 (at page 18 of the paper book). Despite that p roclamation warrants were issued against the pe t itioner on the said date for 11.12.2023. On 1 1.12.2023 also the said proclamation warrants remained unexecuted, as such the same were is s ued again for 05.2.2023; on which date (at page 1 9 -A of the paper book) it has been recorded that th e service of the proclamation warrants was duly ef f ected. However, as 30 days time period had not expired, the matter was adjourned simplicite r for 01.4.2024. Learned counsel contends th a t on the said date it was necessary for the lear n ed trial Court to issue fresh proclamation warran t s, and the matter could not have been adjourned s impliciter. It is argued that provisions of Section 82 Cr.P.C. have not been complied with. It is accordingly prayed that the petitioner be permitt e d to surrender before the learned trial Court on or before 17.12.2024. Notice of motio n .

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On the askin g of Court, Mr. Kunwarbir Singh, AAG, Punjab, accepts notice on behalf of respondent-State.

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VIJAY ASIJA 2024.12.20 17.45 I attest to the accuracy and integrity of this document

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CRM-M-34765-2024 3

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I have heard learned counsel for the parties and gone th r ough the case file. In view of the above and keeping in view the totality of the facts a n d circumstances of the case, but without commen t ing upon the merits of the case, the impugne d order dated 01.4.2024 (Annexure P-3) is or d ered to be set aside subject to payment of Rs.20, 0 00/- as costs to be deposited within two weeks fro m today in the “Poor Patients’ Welfare Fund of the Post Graduate Institute of Medical Education and Research (PGIMER), Chandigarh”. The petitioner is directed to surrender before th e learned trial Court/Duty Magistrate on or bef o re 17.12.2024, and move an application for reg u lar bail, which shall be considered and disp o sed of by the learned trial Court/Duty Magistr a te on the same day, by accepting fresh bail/ s urety bonds to be furnished by the petitioner to its satisfaction.

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Adjourned to 20.12.2024 to report compliance.

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In the meantim e , no coercive steps shall be taken against the petitioners till 17.12.2024.” Learned counsel for the petitioner submits that in complian c e of the above order dated 26. 1 1.2024 passed by this Court, the petiti o ner has surrendered before th e learned trial Court and has been rele a sed on bail on 12.12.2024.

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Learned counsel for the State, on instructions has affirmed t he fact that the petitioner has s u rrendered before the learned trial Cou r t on 12.12.2024 and has been released on bail.

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The report from the learned trial Court has also been

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received i n that regard.

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VIJAY ASIJA 2024.12.20 17.45 I attest to the accuracy and integrity of this document

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CRM-M-34765-2024

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In view of the facts note d above the present petition

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stands disposed of .

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Pending application(s), if an y , shall stands disposed of.

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Decembe r 20, 2024 ( NIDHI GUPTA ) Vijay Asija JUDGE

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Whether sp e aking/reasoned Yes / No Whether Re p ortable Yes / No

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VIJAY ASIJA 2024.12.20 17.45 I attest to the accuracy and integrity of this document

Sunil Kumar Alias Sanju v. State of Punjab and Another

Case brief

What is this about?

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Sunil Kumar Alias Sanju v. State of Punjab and Another

Case brief

What is this about?

What did the court decide?

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