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2006 DIGILAW 2170 (PNJ)

Bhupinder Singh Alias Happy v. State Of Punjab

2006-05-17

SURYA KANT

body2006
Judgment Surya Kant, J. 1. In this petition under section 482 Cr. P. C. , the prayer is for quashing of FIR No.4 dated 7.1.1999, under section 323, 324, 506, 148, 149 IPC, registered at Police Station Banga. 2. The prayer has been made on various grounds including that the matter has been compromised with the complainant and pursuant thereto the petitioners co-accused have already been acquitted vide judgment dated 25.8.2000 (Annexure P-3 ). A perusal of the aforesaid judgment indicates that the complainant and alleged eye witness to the occurrence did not support the prosecution case as a result of which the petitioners co-accused was acquitted. 3. There is no serious dispute regarding the above stated facts, however, Learned State Counsel contends that the petitioner has already been declared a proclaimed offender, who has never surrendered before the court, therefore, it will not be desirable to invoke powers under section 482 cr. P. C. and to quash the FIR and consequential proceedings qua him. 4. After hearing Learned Counsel for the parties at length and having regard to the fact that the petitioner has been declared a PO, it is not expedient and/or desirable to quash the FIR and consequential proceedings arising therefrom. Accordingly, this petition is disposed of with the following directions:- (i)the petitioner is directed to surrender before the trial court on or before 30.6.2006; (ii) if the petitioner surrenders before the trial court, deposits his original passport and furnishes adequate bail bonds and a surety of the like amount to the satisfaction of the trial court, he will be admitted to bail; (iii) the petitioner may thereafter move an application to recall the order declaring him PO and ask him to explain the circumstances for remaining absent from the trial; any such application moved by him shall be considered and decided in accordance with law; (iv) the petitioner shall be at liberty to raise all the pleas before the trial court at appropriate stage and the same shall be considered in accordance with law; (v) the trial court is also directed to expedite the trial proceedings and to conclude the same as early as possible, preferably within six months from the date when the petitioner surrenders before it. Disposed of.